CELEX: 31986R0892
Language: en
Date: 1986-03-27 00:00:00
Title: Commission Regulation (EEC) No 892/86 of 26 March 1986 fixing the export refunds on oil seeds

27. 3 . 86                             Official Journal of the European Communities                            No L 82/31
                                    COMMISSION REGULATION (EEC) No 892/86
                                                     of 26 March 1986
                                         fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      than the latter ; whereas Article 21 of Regulation No
                                                                 136/66/EEC provides that, at present, Article 28 of that
Having regard to the Treaty establishing the European            Regulation applies only to colza, rape and sunflower
Economic Community,                                              seeds :
Having regard to the Act of Accession of Spain and
Portugal,                                                        Whereas the refund for colza and rape seeds produced in
                                                                 Spain or Portugal is adjusted in accordance with Council
Having regard to Council Regulation No 136/66/EEC of             Regulation (EEC) No 478/86 (12) ;
22 September 1966 on the establishment of a common
organization of the market in oils and fats ('), as last
amended by Regulation (EEC) No 3768/85 (2),                      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 142/67/EEC of             taken of prices ruling on the various Community markets
21 June 1967 on export refunds on colza, rape and                which are representative from the point of view of proces­
sunflower seeds (3), as last amended by Regulation (EEC)         sing and exportation ; the most favourable quotations
No 2429/72 (4), and in particular the first sentence of          recorded on the various markets of importing third coun­
Article 2 (3) thereof,                                           tries and costs incurred in placing the goods on the world
                                                                 market ; whereas, when the amount of the refund is being
                                                                 fixed, account must also be taken of the level of market
Having regard to Council Regulation (EEC) No 1678/85             prices within the Community for the oil seeds referred to
of 11 June 1985 fixing the conversion rates to be applied        in Article 21 of Regulation No 136/66/EEC and the
in agriculture (*), as last amended by Regulation (EEC) No       future trend of these prices ; whereas, furthermore,
3772/85 («),                                                     account should be taken of the economic aspect of the
                                                                 proposed exports and the situation in the Community
Having regard to Council Regulation (EEC) No 1569/72             regarding the supply of and demand for these seeds ;
of 20 July 1972 laying down special measures for colza,
rape and sunflower seed (*), as last amended by Regulation
(EEC) No 1474/84 (8), and . in particular Article 2 (3)
thereof,
                                                                 Whereas in the absence of a target price for colza and
                                                                 rape seed for the 1985/86 marketing year and of an
                                                                 amount for the monthly increases applicable in May and
Having regard to the opinion of the Monetary Committee,          June 1986 for colza and rape seed, in cases of advance
                                                                 fixing for the months of April, May and June 1986 of the
Whereas the target price and the monthly increases in the        refund on these products it has been possible only to
target price for sunflower seed for the 1985/86 marketing        make a provisional calculation using the target price and
year were fixed by Regulations (EEC) No 1489/85 (9) and          monthly increase proposed by the Commission to the
(EEC) No 1490/85 (10) ; whereas the target price for colza,      Council for the 1985/86 marketing year ; whereas there­
rape and sunflower seed in Spain and in Portugal was             fore such refund amounts must be applied only provisio­
fixed by Regulation (EEC) No 454/86 (u) ;                        nally and confirmed or altered when the target price for
                                                                 the 1985/86 marketing year is known ;
Whereas Article 28 of Regulation No 136/66/EEC
provides that a refund may be granted on exports to third
countries of oil seeds harvested within the Community ;          Whereas in the absence of a target price for colza and
whereas the amount of this refund may not exceed the             rape seed for the 1986/87 marketing year, in cases of
difference between prices within the Community and               advance fixing for the months of July, August and
prices on the world market where the former are higher           September 1986 of the refund on these products, it has
                                                                 been possible only to make a provisional calculation
(') OJ No 172, 30. 9. 1966, p. 3025/66.                          using the target price and the monthly increase proposed
(2) OJ No L 362, 31 . 12. 1985, p. 8 .                           by the Commission to the Council for the 1986/87
(3) OJ No 125, 26. 6. 1967, p. 2461 /67.                          marketing year ; whereas therefore such refund amounts
(4) OJ No L 264, 23. 11 . 1972, p. 1 .                            must be applied only provisionally and confirmed or
Is) OJ No L 164, 24. 6. 1985, p. 11 .                             altered when the target price for the 1986/87 marketing
(6) OJ No L 362, 31 . 12. 1985, p. 24.
0 OJ No L 167, 25. 7. 1972, p. 9.                                year and the amount for the monthly increases are
(8) OJ No L 143, 30. 5. 1984, p. 4.                               known ;
(») OJ No L 151 , 10. 6. 1985, p. 13.
(10) OJ No L 151 , 10. 6. 1985, p. 14.
(") OJ No L 53, 1 . 3. 1986, p. 6.                               (12) OJ No L 53, 1 . 3 . 1986, p. 55.
 ---pagebreak--- No L 82/32                               Official Journal of the European Communities                                  27. 3 . 86
Whereas Article 1 of Commission Regulation (EEC) No                         currency of the Member State concerned and the
651 /71 of 29 March 1971 on certain detailed rules for the                  central rate of each of the currencies of the
application of export refunds on oil seeds (') as last                      Member States referred to in (a), and
amended by Regulation (EEC) No 1815/84 (2), provides                    — the spot market rate for the Currency of the
that the amount of the refund must be calculated on the
                                                                            Member State in question in relation to each of
basis of the weight of exported seeds ; whereas this weight                 the currencies of the Member States referred to in
must be adjusted to take account of any differences                         (a), as recorded over a period to be determined ;
between the percentages of moisture and impurities found
to exist and those used to define the standard quality for
which the target price is fixed ; whereas, when this adjust­       Whereas, however, pursuant to Article 2a of Regulation
ment is being made, the weight of the exported seeds               (EEC) No 1569/72, the monetary disparity for the marke­
must be increased by the amount of the difference                  ting years 1984/85 to 1986/87 will be calculated by a
between the actual moisture and impurities content and             method which takes into account a coefficient applied to
that used to define the standard quality if the former is          the conversion rate resulting from the central rate ;
lower than the latter ; whereas, if the opposite applies, the      whereas Regulation (EEC) No 2679/85 (*) fixed the coeffi­
weight of the exported seeds must be reduced by the                cient ;
same amount ;
                                                                   Whereas pursuant to Article 2 (2) of Regulation (EEC) No
                                                                    1569/72 forward differential amounts are to be deter­
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 (3) ;                                                      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             Whereas Regulation (EEC) No 1813/84 specifies the spot
that the refund may be varied according to destination             and forward exchange rates and the period to be used for
where the world market situation or the specific require­          calculating the differential amounts ; whereas in cases
ments of certain markets make this necessary ;                     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
                                                                    current situation of the oil-seeds market and to the rates
plus or minus the differential amount ; whereas Article 1           or prices of these products that, pursuant to Article 4 of
of Regulation (EEC) No 1813/84 (4) defined the elements             Regulation (EEC) No 651 /71 , the amount of the refund in
which determine the differential amounts ; whereas these            ECU and the amount of the final refund in each of the
elements are equal to the incidence on the target price or          national currencies must, in the case of colza and rape
the refund of the coefficient derived from the percentage           seed, be fixed in accordance with the Annex to this Regu­
referred to in Article 2 (1 ) of Regulation (EEC) No                lation ; whereas it is not necessary to fix a refund for
 1 569/72 ; whereas, according to these provisions, this            sunflower seed ;
percentage represents :
                                                                    Whereas the measures provided for in this Regulation are
(a) for those Member States whose currencies are main­              in accordance with the opinion of the Management
     tained as between themselves within a spread at any            Committee for Oils and Fats,
     given moment of 2,25 %, the difference between :
     — 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               1 . In the case of colza and rape seed, the amounts of
                                                                    the refund referred to in Article 4 ( 1 ) of Regulation (EEC)
 (') OJ  No  L 75, 30. 3. 1971 , p. 16.                              No 651 /71 shall be as set out in the Annex hereto.
 (2) OJ  No  L 170, 29. 6. 1984, p. 46.
 (3) OJ  No  L 113, 28 . 4. 1984, p. 8 .
 (4) OJ  No  L 170, 29. 6. 1984, p. 41 .                            O OJ No L 254, 25. 9. 1985, p. 14.
 ---pagebreak---      27 . 3 . 86                             Official Journal of the European Communities                                       No L 82/33
     2.     In cases of advance fixing of the refund on colza and           price set for these products for the 1986/87 marketing
     rape seed for the months of April , May and June 1986 the              year and of the amount of the monthly increase for
     amount will however be confirmed or altered with effect                September 1986 .
     from 1 April 1986 on the basis of the target price set for
     these products for the 1985 /86 marketing year and of the              4.    There shall be no refund on sunflower seed .
     amount for the monthly increases applicable in May and
     June 1986 on colza and rape seed .
     3.     In cases of advance fixing of the refund on colza and                                        Article 2
     rape seed for the months of July, August and September
     1986 the amount will however be confirmed or altered
     with effect from 1 April 1986 on the basis of the target               This Regulation shall enter into force on 1 April 1986.
                        This Regulation shall be binding in its entirety and directly applicable in all Member
                        States .
                         Done at Brussels, 26 March 1986.
                                                                                       For the Commission
                                                                                        Frans ANDRIESSEN
                                                                                            Vice-President
                                                                   ANNEX
                         to the Commission Regulation of 26 March 1986 fixing the export refunds on colza
                                                               and rape seed
                                                                                                                       (amounts per 100 kilograms)
                                                  Current
                                                              2nd month (')     3rd month (')    4th month (2)    5th month (2)    6th month (2)
                                                 month (')
1 . Gross refunds (ECU ):
    — Spain                                         1 8,870         18,870            18,870           15,320           15,320           15,816
    — Portugal                                      25,00           25,00             25,00            20,84            20,84            21,336
    — other Member States                           25,00           25,00             25,00            20,84            20,84            21,336
2 . Final refunds :
    Seeds harvested and exported from :                      l\I
    —   Federal Republic of Germany (DM)            61,36           61,36             61,39            51,62            51,62            53,30
    —   Netherlands (Fl)                            69,14           69,14             69,14            58,14            58,14            59,96
    —   BLEU (Bfrs/Lfrs)                         1 160,30        1 160,30          1 160,30           966,22           966,22           981,75
    —   France (FF)                                172,34          172,34            171,95           142,09           142,09           142,98
    —   Denmark (Dkr)                              210,37          210,37            210,37           175,37           175,37           179,01
    —   Ireland (£ Irl)                             18,753          1 8,753           18,749           15,385           15,385           15,636
    —   United Kingdom (£)                           1 3,927        13,927            13,927           11,354           11,354           11,488
                                               35 097           35 094           34 894           28 537           28 537           28 575
    —   Italy (Lit)
    —   Greece (Dr)                              1 532,32        1 532,32          1 494,01         1 034,77         1 034,77           961,59
    —   Spain (Pta)                              2 729,88        2 729,88          2 729,88         2 217,33         2 217,33         2 234,40
    —   Portugal (Esc)                           3 767,54        3 722,09          3 630,01         2 958,56         2 958,56         2 898,36
(') On the basis of the Commission's proposal concerning the indicative price for the 1985/86 marketing year and subject to confirmation by the
    Council's decision .
(2) Contingent on the Council's decision on prices and related matters for the 1986/87 marketing year.