CELEX: 31989R2646
Language: en
Date: 1989-09-01 00:00:00
Title: Commission Regulation (EEC) No 2646/89 of 31 August 1989 fixing the export refunds on oil seeds

No L 255/38                            Official Journal of the European Communities                                 1 . 9 . 89
                                   COMMISSION REGULATION (EEC) No 2646/89
                                                     of 31 August 1989
                                         fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Whereas Article 28 of Regulation No 1 36/66/EEC
                                                                 provides that a refund may be granted on exports to third
Having regard to the Treaty establishing the European            countries of oil seeds harvested within the Community ;
Economic Community,                                              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 the Act of Accession of Spain and               than the latter ; whereas Article 21 of Regulation No
Portugal,                                                         1 36/66/EEC provides that, at present, Article 28 of that
                                                                 Regulation applies only to colza, rape and sunflower
                                                                 seeds ;
Having regard to Regulation No 1 36/66/EEC of the
Council of 22 September 1966 on the establishment of a
common organization of the market in oils and fats ('), as
last amended by Regulation (EEC) No 1225/89 (2),
                                                                 Whereas the refund for colza and rape seeds produced in
Having regard to Regulation No 142/67/EEC of the                 Spain or Portugal is adjusted in accordance with Council
Council of 21 June 1967 on export refunds on colza, rape         Regulation (EEC) No 478/86 (l2) ;
and sunflower seeds (3), as last amended by the Act of
Accession 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
2639/89 (5),                                                     sing and exportation ; the most favourable quotations
                                                                 recorded on the various markets of importing third coun­
Having regard to Regulation (EEC) No 1569/72 of the              tries and costs incurred in placing the goods on the world
Council of 20 July 1972 laying down special measures for         market ; whereas, when the amount of the refund is being
                                                                 fixed, account must also be taken of the level of market
colza, rape and sunflower seed (6), as last amended by
Regulation (EEC) No 2216/88 Q, and in particular Article         prices , within the Community for the oil seeds referred to
2 (3) thereof,                                                   in Article 21 of Regulation No 1 36/66/EEC and the
                                                                 future trend of these prices ; whereas, furthermore,
                                                                 account should be taken of the economic aspect of the
Having regard to Regulation (EEC) No 2041 /75 of the             proposed exports and the situation in the Community
Commission of 25 July 1975 on special detailed rules for         regarding the supply of and demand for these seeds ;
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 ('), and
in particular Article 13 thereof,
                                                                 Whereas the abatement of the subsidy for colza and tape
                                                                 seed which arises from the system of maximum guaran­
Having regard to the opinion of the Monetary Committee,          teed quantities for the 1989/90 marketing year has been
                                                                 fixed by Commission Regulation (EEC) No 2625/89 (13) ;
Whereas, the target price and the monthly increases in
the target price for colza, rape and sunflower seed for the
1989/90 marketing year were fixed by Regulations (EEC)
NO 1228/89 (10) and (EEC) No 1229/89 (");
                                                                 Whereas Article 1 of Regulation (EEC) No 651 /71 of the
                                                                 Commission of 29 March 1971 on certain detailed rules
(') OJ No 172, 30; 9. 1966, p. 3025/66.                          for the application of export refunds on oil seeds (14), as
O OJ No L 128, 11 . 5. 1989, p. 15.
(3) OJ No 125, 26. 6. 1967, p. 2461 /67.                         last amended by Regulation (EEC) No 1815/84 (l5),
(4) OJ No L 164, 24. 6. 1985, p. 11 .                            provides that the amount of the refund must be calculated
0 See page 14 of this Official Journal.                          on the basis of the weight of exported seeds ; whereas this
(') OJ No L 167, 25. 7. 1972, p. 9.
O OJ No L 197, 26. 7. 1988 , p. 10 .
(8) OJ No L 213, 11 . 8. 1975, p. 1 .                            (12) OJ  No  L  53, 1 . 3. 1986, p. 55.
O OJ No L 252, 3. 9. 1987, p. 6.                                 (1J) OJ  No  L  254, 31 . 8. 1989, p. 9.
H OJ No L 128, 11 . 5. 1989, p. 20.                              ('«) OJ  No  L  75, 30. 3. 1971 , p. 16.
(") OJ No L 128, 11 . 5. 1989, p. 22.                            (IJ) OJ  No  L  170, 29. 6. 1984, p. 46.
 ---pagebreak--- 1 . 9 . 89                             Official Journal of the European Communities                              No L 255/39
weight must be adjusted to take account of any diffe­                     the currencies of the Member States referred to in
rences between the percentages of moisture and impur­                     (a), as recorded over a period to be determined ;
ities found to exist and those used to define the standard
quality for which the target price is fixed ; whereas, when      Whereas pursuant to Article 2 (2) of Regulation (EEC) No
this adjustment is being made, the weight of the exported         1569/72 forward differential amounts are to be deter­
seeds must be increased by the amount of the difference           mined where the forward exchange rate for one or more
between the actual moisture and impurities content and            currencies differs from the spot rate by at least a given
that used to define the standard quality if the former is         percentage ; whereas this percentage has been fixed at 0,5
lower than the latter ; whereas, if the opposite applies, the    by Regulation (EEC) No 1813/84 ;
weight of the exported seeds must be reduced by the
same amount :
                                                                 Whereas Regulation (EEC) No 1813/84 specifies the spot
                                                                 and forward exchange rates and the period to be used for
                                                                 calculating the differential amounts ; whereas in cases
Whereas the standard quality referred to above was               where, for one or more months, quotations of forward
defined in Article 2 of Council Regulation (EEC) No              exchange rates are not available, the rates adopted for the
1102/84 (');                                                      previous months or the following months, as the case may
                                                                 be, must be used ;
Whereas Article 2 of Regulation No 142/67/EEC provides           Whereas it follows from applying these provisions to the
that the refund may be varied according to destination           current situation of the oil seeds market and to the rates
where the world market situation or the specific require­        or prices of these products that, pursuant to Article 4 of
ments of certain markets make this necessary ;                    Regulation (EEC) No 651 /71 , the amount of the refund in
                                                                 ecus and the amount of the final refund in each of the
                                                                  national currencies must, in the case of colza and rape
                                                                 seed, be fixed in accordance with the Annex to this Regu­
Whereas Article 4 of Regulation (EEC) No 651 /71                  lation ; whereas it is not necessary to fix a refund for
provides for the publication of the amount of the final          sunflower seed ;
refund obtained from the conversion into each of the
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 (2), as last            makes provision for the period of validity of certificates
amended by Regulation (EEC) No 431 /89 (3), 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                                                                 Article 1
     — the conversion rate resulting from the central rate ;
                                                                  1 . In the case of colza and rape seed, the amounts of
(b) for the other Member States, the difference between :         the refund referred to in Article 4 ( I) 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             2.    There shall be no refund on sunflower seed.
          currency of the Member State concerned and the
          central rate of each of the currencies of the           3.     Certificates fixing the export refund in advance shall
          Member States referred to in (a), and                  be valid from their date of issue until the end of the fol­
                                                                  lowing month.
     — the spot market rate for the currency of the
          Member State in question in relation to each of                                     Article 2
(') OJ No L 113, 28 . 4. 1984, p. 8 .
(J) OJ No L 170, 29 . 6. 1984, p. 41 .                           This Regulation shall enter into force on 1 September
0 OJ No L 50, 22. 2. 1989, p. 7.                                  1989 .
 ---pagebreak---  No L 255/40                            Official Journal of the European Communities                                    1...9 . 89
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States.
                     Done at Brussels, 31 August 1989.
                                                                            For the Commission
                                                                              Ray MAC SHARRY
                                                                        Member of the Commission
                                                            ANNEX
                   to the Commission Regulation of 31 August 1989 fixing the export refunds on oil seeds
                                                                                                      (amounts per 100 kilograms)
                                               Current      1st period  2nd period    3rd period    4th period      5th period
                                                   9            10          11            12             1              2
1 . Gross refunds (ECU):
    — Spain                                       18,000        18,000      —             —             —               —
    — Portugal                                    20,440        20,440      —             —             —               —
    — other Member States                         17,000        17,000      —             —             —               —
2. Final refunds :                         I                                        ||
    Seeds harvested and exported from :
    —  Federal Republic of Germany (DM)           40,67         40,67       —             —             —               —
    —  Netherlands (Fl)                           44,84         44,84       —             —                             —
    —  BLEU (Bfrs/Lfrs)                          820,88        820,88       —             —             —               —
    —  France (FF)                               126,77        126,77       —             —             —               —
    —  Denmark (Dkr)                             151,81        151,81       —             —                             —
    —  Ireland (£ Irl)                            14,109        14,109      —             —             —               —
    —  United Kingdom (£)                         10,455        10,455      —             —                             —
    —  Italy (Lit)                           28 557        28 557           —             —             —               —
    —  Greece (Dr)                             2 477,09      2 44835        —             —             —               —
    —  Spain (Pta)                             2 920,45      2 920,45       —             —             —               —
    —  Portugal (Esc)                          3 875,78      3 875,78       —             —             —               —