CELEX: 31991R3478
Language: en
Date: 1991-11-30 00:00:00
Title: Commission Regulation (EEC) No 3478/91 of 29 November 1991 fixing the export refunds on oil seeds

No L 328 /40                            Official Journal of the European Communities                                30 . 11 . 91
                                    COMMISSION REGULATION (EEC) No 3478/91
                                                    of 29 November 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 (I2);
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 ;
2922/91 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 (,3) ;
(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 (8), as last    recorded on the various markets of importing third coun­
amended by Regulation (EEC) No 557/91 (9), 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 (14) ;
O OJ No L 162, 26. 6. 1991 , p. 27.
0 OJ No 125, 26. 6. 1967, p. 2461 /67.
(4) OJ No L 164, 24. 6. 1985, p. 11 .
0 OJ No L 279, 7. 10. 1991 , p. 43.                               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
O OJ No L 201 , 31 . 7. 1990, p. 11 .
(8) OJ No L 213, 11 . 8 . 1975, p. 1 .
O OJ No L 62, 8. 3. 1991 , p. 23.                                 C2) See page 68 of this Official Journal.
(10) OJ No L 162, 26. 6. 1991 , p. 31 .                           (« 3) OJ No L 53, 1 . 3. 1986, p. 55.
(") OJ No L 162, 26. 6. 1991 , p. 33.                             M OJ No L 237, 1 . 9. 1990, p. 7.
 ---pagebreak---  30 . 11 . 91                             Official Journal of the European Communities                              No L 328/41
 application of export refunds on oil seeds ('), as last                     Communities during a period to be determined,
 amended by Regulation (EEC) No 1815/84 (2), provides                        multiplied by the factor referred to in the second
 that the amount of the refund must be calculated on the                     indent of (a) ;
 basis of the weight of exported seeds ; whereas this weight
 must be adjusted to take account of any differences                Whereas pursuant to Article 2 (2) of Regulation (EEC) No
 between the percentages of moisture and impurities found           1569/72 forward differential amounts are to be deter­
 to exist and those used to define the standard quality for         mined where the forward exchange rate for one or more
 which the target price is fixed ; whereas, when this adjust­       currencies differs from the spot rate by at least a given
 ment is being made, the weight of the exported seeds               percentage ; whereas this percentage has been fixed at 0,5
 must be increased by the amount of the difference                  by Regulation (EEC) No 1813/84 ;
 between the actual moisture and impurities content and
 that used to define the standard quality if the former is          Whereas Regulation (EEC) No 1813/84 specifies the spot
 lower than the latter ; whereas, if the opposite applies, the      and forward exchange rates and the period to be used for
weight of the exported seeds must be reduced by the                 calculating the differential amounts ; whereas in cases
same amount ;
                                                                    where, for one or more months, quotations of forward
                                                                    exchange rates are not available, the rates adopted for the
Whereas the standard quality referred to above was                  previous months or the following months, as the case may
defined in Article 2 of Council Regulation (EEC) No                 be, must be used ;
 1 1 02/84 (3);
                                                                    Whereas it follows from applying these provisions to the
Whereas Article 2 of Regulation No 142/67/EEC provides              current situation of the oil seeds market and to the rates
that the refund may be varied according to destination              or prices of these products that, pursuant to Article 4 of
where the world market situation or the specific require­           Regulation (EEC) No 651 /71 , the amount of the refund in
ments of certain markets make this necessary ;                      ecus and the amount of the final refund in each of the
                                                                    national currencies must, in the case of colza and rape
Whereas Article 4 of Regulation (EEC) No 651 /71                    seed, be fixed in accordance with the Annex to this Regu­
provides for the publication of the amount of the final             lation ; whereas it is not necessary to fix a refund for
refund obtained from the conversion into each of the                sunflower seed ;
national currencies of the amount of the refund in ecus
plus or minus the differential amount ; whereas Article 1           Whereas Article 13 of Regulation (EEC) No 2041 /75
of Commission Regulation (EEC) No 1813/84 (4), as last              makes provision for the period of validity of certificates
amended by Regulation (EEC) No 1 539/90 (*), defined the            fixing refunds in advance to be reduced if the market
elements which determine the differential amounts ;                 situation warrants ; whereas in the interests of sound
whereas these elements are equal to the incidence on the            market management a reduction should be made ;
target price reduced by 7,5 % or the refund of the coeffi­
cient derived from the percentage referred to in Article 2          Whereas the measures provided for in this Regulation are
(1 ) of Regulation (EEC) No 1569/72 ; whereas, according            in accordance with the opinion of the Management
to these provisions, this percentage represents :                   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
      — the conversion rate resulting from the central rate                                     Article 1
          of the correcting factor referred to in Article 6 ( 1 )
          of Regulation (EEC) No 1677/85 (6), as last
          amended by Regulation (EEC) No 2205/90 Q.                 1.     In the case of colza and rape seed, the amounts of
                                                                    the refund referred to in Article 4 (1 ) of Regulation (EEC)
(b) In the case of Member States other than those referred          No 651 /71 shall be as set out in the Annex hereto.
      to in (a), the difference between :
                                                                    2.    There shall be no refund on sunflower seed.
      — the agricultural conversion rate, and
      — the average rate of the ecu as published in the C           3.     Certificates fixing the export refund in advance shall
          Series of the Official Journal of the European            be valid from their date of issue until the end of the fol­
                                                                    lowing month.
(')  OJ  No  L  75, 30. 3. 1971 , p. 16.
(2)  OJ  No  L  170, 29. 6. 1984, p. 46.
0    OJ  No  L  113, 28. 4. 1984, p. 8.                                                         Article 2
(4)  OJ  No  L  170, 29. 6. 1984, p. 41 .
O    OJ  No  L  145, 8. 6. 1990, p. 20.
(6)  OJ  No  L  164, 24. 6. 1985, p. 6.                             This Regulation shall enter into force on 1 December
O    OJ  No  L  201 , 31 . 7. 1990, p. 9.                           1991 .
 ---pagebreak--- No L 328 /42                            Official Journal of the European Communities                               30 . 11 . 91
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 29 November 1991 .
                                                                             For the Commission
                                                                              Ray MAC SHARRY
                                                                         Member of the Commission
                                                             ANNEX
                   to the Commission Regulation of 29 November 1991 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
1 . Gross refunds (ECU) :                                                           I                          I
    — Spain                                       11,500         11,778      —            —           —                —
    — Portugal                                    20,580         20,858      —            —           —               —
    — other Member States                         11,500         11,778      —            —           —               —
2. Final refunds :                                                                  l                          l
    Seeds harvested and exported from :                                             l                          l
    —  Federal Republic of Germany (DM)           27,07          27,73       —            —           —                —
    —  Netherlands (Fl)                           30,50          31,24       —            —           —                —
    —  BLEU (Bfrs/Lfrs)                          558,40         571,90       —            —           —                —
    —  France (FF)                                90,80          92,99       —            —           —               —
    —  Denmark (Dkr)                             103,27         105,77       —            —           —                —
    —  Ireland (£ Irl)                            10,106         10,350      —            —           —                —
    —  United Kingdom (£)                           8,755          8,976     —            —           —                —
    —  Italy (Lit)                            20 257        20 746           —            —           —                —
    —  Greece (Dr)                             2 648,03      2 686,67        —            —           —                —
    —  Spain (Pta)                             1 799,91       1 841,84       —            —           —                —
    —  Portugal (Esc)                          4 349,34      4 407,35        —            —           —                —