CELEX: 31988R4165
Language: en
Date: 1988-12-31 00:00:00
Title: Commission Regulation (EEC) No 4165/88 of 30 December 1988 fixing the export refunds on oil seeds

No L 367/32                             Official Journal of the European Communities                              31 . 12. 88
                                    COMMISSION REGULATION (EEC) No 4165/88
                                                    of 30 December 1988
                                          fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       Whereas, in order to determine the amount of the aid,
                                                                  account should be taken among the calculation factors of
Having regard to the Treaty establishing the European             the latest Commission proposals to the Council on prices
                                                                  and related measures :
Economic Community,
Having regard to the Act of Accession of Spain and
Portugal,                                                         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 ;
Having regard to Council Regulation No 136/66/EEC of              whereas the amount of this refund may not exceed the
22 September 1966 on the establishment of a common                difference between prices within the Community and
organization of the market in oils and fats ('), as last          prices on the world market where the former are higher
amended by Regulation (EEC) No 2210/88 (2),                       than the latter ; whereas Article 21 of Regulation No
                                                                  136/66/EEC provides that, at present, Article 28 of that
Having regard to Council Regulation No 142/67/EEC of              Regulation applies only to colza, rape and sunflower
21 June 1967 on export refunds on colza, rape and                 seeds ;
sunflower seeds (3), as last amended by the Act of Acces­
sion of Greece (4), and in particular the first sentence of
Article 2 (3) thereof,                                            Whereas the refund for colza and rape seeds produced in
                                                                  Spain or Portugal is adjusted in accordance with Council
Having regard to Council Regulation (EEC) No 1 678/85             Regulation (EEC) No 478/86 (,3);
of 11 June 1985 fixing the conversion rates to be applied
in agriculture (5), as last amended by Regulation (EEC) No
4136/88 (6),                                                      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 (EEC) No 1569/72              taken of prices ruling on the various Community markets
of 20 July 1972 laying down special measures for colza,           which are representative from the point of view of proces­
rape and sunflower seed Q, as last amended by Regulation          sing and exportation ; the most favourable quotations
(EEC) No 2216/88 (8), and in particular Article 2 (3)             recorded on the various markets of importing third coun­
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 Commission Regulation (EEC) No                   prices within the Community for the oil seeds referred to
2041 /75 of 25 July 1975 on special detailed rules for the        in Article 21 of Regulation No 136/66/EEC and the
application of the system of import and export licences           future trend of these prices ; whereas, furthermore,
and advance fixing certificates for oils and fats (9), as last    account should be taken of the economic aspect of the
amended by Regulation (EEC) No 2662/87 (10), and in               proposed exports and the situation in the Community
particular Article 13 thereof,                                    regarding the supply of and demand for these seeds ;
Having regard to the opinion of the Monetary Committee,
                                                                  Whereas the abatement of the subsidy for colza and tape
Whereas the target price and the monthly increases in the         seed which arises from the system of maximum guaran­
target price for colza, rape and sunflower seed for the           teed quantities for the 1988 /89 marketing year has been
1988/89 marketing year were fixed by Council Regula­              fixed by Commission Regulation (EEC) No 2761 /88 (14) ;
tions (EEC) No 2213/88 (") and (EEC) No 2214/88 (12) ;
 ') OJ No 172, 30. 9 . 1966, p. 3025/66 .                         Whereas Article 1 of Commission Regulation (EEC) No
 *) OJ No L 197, 26. 7. 1988, p. 1 .                              651 /71 of 29 March 1971 on certain detailed rules for the
 ') OJ No 125, 26. 6. 1967, p. 2461 /67.                          application of export refunds on oil seeds (I5) as last
 ♦) OJ No L 291 , 19. 11 . 1979, p. 17.
 Ó OJ No L 164, 24. 6. 1985, p. 11 .                              amended by Regulation (EEC) No 1815/84 (16) provides
 j OJ No L 362, 30. 12. 1988, p. 13.                              that the amount of the refund must be calculated on the
 Ó OJ No L 167, 25. 7. 1972, p. 9.
 8) OJ No L 197, 26. 7. 1988, p. 10.
 ^ OJ No L 213, 11 . 8. 1975, p. 1 .                              (13) OJ No L 53, 1 . 3. 1986, p. 55.
 ,0) OJ No L 252, 3. 9. 1987, p. 6.                               (14) OJ No L 247, 6. 9. 1988, p. 7.
 ») OJ No L 197, 26. 7. 1988, p. 6.                               (15) OJ No L 75, 30. 3. 1971 , p. 16.
(,2) OJ No L 197, 26. 7. 1988, p. 8 .                             H OJ No L 170, 29. 6. 1984, p. 46.
 ---pagebreak--- 31 . 12. 88                              Official Journal of the European Communities                            No L 367/33
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
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
                                                                   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             ECU 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 ECU
                                                                   makes provision for the period of validity of certificates
                                                                   fixing refunds in advance to be reduced if the market
plus or minus the differential amount ; whereas Article 1          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 2138/87 (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                                        Article 1
         cultural policy, and
     — 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 (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              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
         Member States referred to in (a), and                     3.    Certificates fixing the export refund in advance shall
                                                                   be valid from their date of issue until the end of the follo­
     — the spot market rate for the currency of the                wing month.
         Member State in question in relation to each of
         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 .
(2) OJ No L 170, 29 . 6. 1984, p. 41 .
 3) OJ No L 200, 21 . 7. 1987, p. 9.                               This Regulation shall enter into force on 1 January 1989 .
 ---pagebreak---   No L 367/34                             Official Journal of the European Communities                                31 . 12. 88
                      This Regulation shall be binding in its entirety and directly applicable in all Member
                      States .
                      Done at Brussels, 30 December 1988 .
                                                                             For the Commission
                                                                              Frans ANDRIESSEN
                                                                                  Vice-President
                                                              ANNEX
                   to the Commission Regulation of 30 November 1988 fixing the export refunds on oil seeds
                                                                                                       (amounts per 100 kilograms)
\                                                 Current
                                                     1
                                                             1st period
                                                                  2
                                                                         2nd period
                                                                             3
                                                                                        3rd period
                                                                                            4
                                                                                                     4th period
                                                                                                          5
                                                                                                                     5th period
                                                                                                                          6
  1 . Gross refunds (ECU) :                                                                                       I
      — Spain                                       15,280       15,598      —              —            —               —
      — Portugal                                    19,440       19,758      —              —            —               —
      — other Member States                         16,000       16,318      —              —            —
                                                                                                                      ■  —
  2. Final refunds :                                                                                              l
      Seeds harvested and exported from :                                                                         l
      —  Federal Republic of Germany (DM)           38,25        39,00 '     —              —            —               —
      —  Netherlands (Fl)                           42,57        43,41       —              —             —              —
      —  BLEU (Bfrs/Lfrs)                          767,39       787,95       —              —             —              —
      —  France (FF)                               115,08       117,49       —              —             —              —
      —  Denmark (Dkr)                             137,33       142,21       —              —             —              —
      —  Ireland (£ Irl)                             12,797       13,065     —              —             —              —
      —  United Kingdom (£)                            9,595       9,810     —              —             —              —
      —   Italy (Lit)                           24 361       24 881          —              —             —              —
      —  Greece (Dr)                             1 348,28     1 380,95       —              —             —              —
      —  Spain (Pta)                             2 464,36     2 513,40       —              —             —              —
      —   Portugal (Esc)                         3 552,06     3611,13        —              —             —              —