CELEX: 31991R1573
Language: en
Date: 1991-06-11 00:00:00
Title: Commission Regulation (EEC) No 1573/91 of 10 June 1991 altering the export refunds on oil seeds

11 . 6. 91                                 Official Journal of the European Communities                           No L 146/21
                                       COMMISSION REGULATION (EEC) No 1573/91
                                                           of 10 June 1991
                                             altering the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           January 1990 and amending the prices and amounts fixed
                                                                      in ecus for that marketing year (12) ;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                      Whereas, owing to the lack of a target price for colza and
 Having regard to the Act of Accession of Spain and                   rape and of the adjustment in the rate of refund resulting
 Portugal,                                                            from the maximum guaranteed quantity arrangements for
                                                                      the 1991 /92 marketing year, the rate of the refund fixed
 Having regard to Council Regulation No 136/66/EEC of                 in advance for this marketing year has only been able to
 22 September 1966 on the establishment of a common                   be calculated provisionally conforming with the Commis­
 organization of the market in oils and fats (1), as last             sion's proposals to the Council ; whereas this amount
 amended by Regulation (EEC) No 3577/90 (2),                          should therefore only be applied provisionally and should
                                                                      be confirmed or replaced once the prices and related
 Having regard to Council Regulation No 142/67/EEC of                 measures and the consequences of the maximum guaran­
 21 June 1967 on export refunds on colza, rape and                    teed quantity arrangements for the 1991 /92 marketing
 sunflower seeds (3), as last amended by the Act of Acces­            year are known ;
 sion of Greece, and in particular the second sentence of
Article 2 (3) thereof,
                                                                      Whereas Article 28 of Regulation No 136/66/EEC
 Having regard to Council Regulation (EEC) No 1678/85                 provides that a refund may be granted on exports to third
 of 11 June 1985 fixing the conversion rates to be applied            countries of oil seeds harvested within the Community ;
 in agriculture (4), as last amended by Regulation (EEC) No           whereas the amount of this refund may not exceed the
 1533/91 0,                                                           difference between prices within the Community and
                                                                      prices on the world market where the former are higher
 Having regard to Council Regulation (EEC) No 1569/72                 than the latter ; whereas Article 21 of Regulation No
 of 20 July 1972 laying down special measures for colza,              136/66/EEC provides that, at present, Article 28 of that
 rape and sunflower seed (% as last amended by Regulation             Regulation applies only to colza, rape and sunflower
(EEC) No 2206/90 f), and in particular Article 2 (3)                  seeds ;
 thereof,
 Having regard to Commission Regulation (EEC) No                      Whereas the refund for colza and rape seeds produced in
 2041 /75 of 25 July 1975 on special detailed rules for the           Spain or Portugal is adjusted in accordance with Council
 application of the system of import and export licences              Regulation (EEC) No 478/86 (»);
 and advance fixing certificates for oils and fats (8), as last
amended by Regulation (EEC) No 557/91 (9), and in parti­              Whereas Article 3 of Regulation No 142/67/EEC provides
 cular Article 13 thereof,
                                                                      that when the refund is being calculated account must be
 Having regard to the opinion of the Monetary Committee,              taken of prices ruling on the various Community markets
                                                                      which are representative from the point of view of proces­
Whereas, the target price and the monthly increases in                sing and exportation ; the most favourable quotations
 the target price for colza, rape and sunflower seed for the          recorded on the various markets of importing third coun­
 1990/91 marketing year were fixed by Regulations (EEC)               tries and costs incurred in placing the goods on the world
 No 1317/90 (10) and (EEC) No 1318/90 (»);                            market ; whereas, when the amount of the refund is being
                                                                      fixed, account must also be taken of the level of market
Whereas the prices fixed by the Council are to be reduced             prices within the Community for the oil seeds referred to
in accordance with Article 2 of Commission Regulation                 in Article 21 of Regulation No 136/66/EEC and the
(EEC) No 784/90 of 29 March 1990 fixing the reducing                  future trend of these prices ; whereas, furthermore,
 coefficient for agricultural prices in the 1990/91 marke­            account should be taken of the economic aspect of the
 ting year as a result of the monetary realignment of 5               proposed exports and the situation in the Community
                                                                      regarding the supply of and demand for these seeds ;
(')  OJ  No 172, 30. 9.   1966, p. 3025/66.
(2)  OJ  No L 353, 17.    12. 1990, p. 23 .                           Whereas the abatement of the subsidy for colza and tape
0   OJ   No 125, 26. 6.   1967, p. 2461 /67.
0   OJ   No L 164, 24.   6. 1985, p. 11 .                             seed wich arises from the system of maximum guaranteed
Is) OJ No L 145, 10. 6. 1991 , p. 40.                                 quantities for the 1990/91 marketing year has been fixed
(«) OJ No L 167, 25. 7. 1972, p. 9.                                   by Commission Regulation (EEC) No 2509/90 (,4) ;
o OJ No L 201 , 31 . 7. 1990, p. 11 .
(8) OJ No L 213, 11 . 8 . 1975, p. 1 .
0 OJ No L 62, 8 . 3 . 1991 , p. 23 .                                  (12) OJ No L 83, 30. 3. 1990, p. 102.
(10) OJ No L 132, 23. 5. 1990, p. 9.                                  (13) OJ No L 53, 1 . 3. 1986, p. 55.
(»») OJ No L 132, 23. 5. 1990, p. 11 .                                (14) OJ No L 237, 1 . 9 . 1990, p. 7.
 ---pagebreak--- No L 146/22                              Official Journal of the European Communities                                   11 . 6. 91
Whereas Article 1 of Commission Regulation (EEC) No                         of Regulation (EEC) No 1677/85 (16) as last
651 /71 of 29 March 1971 on certain detailed rules for the                  amended by Regulation (EEC) No 2205/90 (17).
application of export refunds on oil seeds ('), as last
amended by Regulation (EEC) No 1815/84 (2), provides               (b) In the case of Member States other than those referred
that the amount of the refund must be calculated on the
                                                                        to in (a), the difference between :
basis of the weight of exported seeds ; whereas this weight
must be adjusted to take account of any differences                     — the agricultural conversion rate, and
between the percentages of moisture and impurities found
to exist and those used to define the standard quality for              — the average rate of the ecu as published in the C
which the target price is fixed ; whereas, when this adjust­                Series of the Official Journal of the European
ment is being made, the weight of the exported seeds                        Communities during a period to be determined,
must be increased by the amount of the difference                           multiplied by the factor referred to in the second
between the actual moisture and impurities content and                      indent of (a).
that used to define the standard quality if the former is
lower than the latter ; whereas, if the opposite applies, the      Whereas pursuant to Article 2 (2) of Regulation (EEC) No
weight of the exported seeds must be reduced by the                 1569/72 forward differential amounts are to be deter­
same amount ;                                                      mined where the forward exchange rate for one or more
                                                                   currencies differs from the spot rate by at least a given
                                                                   percentage ; whereas this percentage has been fixed at 0,5
                                                                   by Regulation (EEC) No 1813/84 ;
Whereas the standard quality referred to above was
defined in Article 2 of Council Regulation (EEC) No                Whereas Regulation (EEC) No 1813/84 specifies the spot
 1102/84 (3) ;                                                     and forward exchange rates and the period to be used for
                                                                   calculating the differential amounts ; whereas in cases
                                                                   where, for one or more months, quotations of forward
                                                                   exchange rates are not available, the rates adopted for the
Whereas Article 2 of Regulation No 142/67/EEC provides             previous months or the following months, as the case may
that the refund may be varied according to destination             be, must be used ;
where the world market situation or the specific require­
ments of certain markets make this necessary ;                     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
                                                                    Regulation (EEC) No 651 /71 , the amount of the refund in
Whereas Article 4 of Regulation (EEC) No 651 /71                    ecus and the amount of the final refund in each of the
provides for the publication of the amount of the final             national currencies must, in the case of colza and rape
refund obtained from the conversion into each of the                seed, be fixed in accordance with the Annex to this Regu­
national currencies of the amount of the refund in ecus             lation ; whereas it is not necessary to fix a refund for
plus or minus the differential amount ; whereas Article 1           sunflower seed ;
of Commission Regulation (EEC) No 1813/84 (4), as last
amended by Regulation (EEC) No 1539/90 (*), defined the
elements which determine the differential amounts ;
                                                                   Whereas Article 13 of Regulation (EEC) No 2041 /75
whereas these elements are equal to the incidence on the            makes provision for the period of validity of certificates
target price reduced by 7,5 % or the refund of the coeffi­          fixing refunds in advance to be reduced if the market
                                                                    situation warrants ; whereas in the interests of sound
cient derived from the percentage referred to in Article 2
                                                                    market management a reduction should be made,
(1 ) of Regulation (EEC) No 1569/72 ; whereas, according
to these provisions, this percentage represents :
(a) for those Member States whose currencies are main­              HAS ADOPTED THIS REGULATION :
     tained as between themselves within a spread at any
     given moment of 2,25 %, the difference between :
                                                                                              Article 1
     — the conversion rate used under the common agri­
         cultural policy, and
                                                                    1 . In the case of colza and rape seed, the amounts of
     — the conversion rate resulting from the central rate          the refund referred to in Article 4 (1 ) of Regulation (EEC)
         of the correcting factor referred to in Article 6 (1 )     No 651 /71 shall be as set out in the Annex hereto.
0   OJ  No  L  75, 30. 3. 1971 , p. 16.                             2.    There shall be no refund on sunflower seed.
(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 .                            0 OJ No L 164, 24. 6. 1985, p. 6.
V) OJ No L 145, 8. 6. 1990, p. 20.                                  0 OJ No L 201 , 31 . 7. 1990, p. 9 .
 ---pagebreak---   11 . 6 . 91                                  Official Journal of the European Communities                                                   No L 146/23
  3.     Certificates fixing the export refund in advance shall                     1991 /92 marketing year and of the consequences of the
 be valid from their date of issue until the end of the fol­                        maximum guaranteed quantity arrangements.
 lowing month.
 4.      However, the amount of the refund fixed in advance                                                         Article 2
  for the 1991 /92 marketing year for colza and rape shall be
 confirmed or replaced with effect from 11 . June 1991 to
  take account of the prices and related measures for the                           This Regulation shall enter into force on 11 June 1991 .
                       This Regulation shall be binding in its entirety and directly applicable in all Member
                       States.
                       Done at Brussels, 10 June 1991 .
                                                                                                For the Commission
                                                                                                  Ray MAC SHARRY
                                                                                          Member of the Commission
                                                                         ANNEX
                      to the Commission Regulation of 10 June 1991 altering the export refunds on oil
                                                                            seeds
                                                                                                                                 (amounts per 100 kilograms)
                                                        Current          1st period        2nd period       3rd period         4th period        5th period
                                                           6                 7 (')               8                9                 10                11
 1 . Gross refunds (ECU) :
     — Spain                                                0,000              0,000
     — Portugal                                           19,970              16,674
     — other Member States                                13,000               9,704
2. Final refunds :
     Seeds harvested and exported from :
     —    Federal Republic of Germany (DM)                30,60              22,84
     —    Netherlands (Fl)                                34,48              25,74             —                 —
     —    BLEU (Bfrs/Lfrs)                               631,23             471,19
     —    France (FF)                                    102,64              76,62                                                 —
     —    Denmark (Dkr)                                  116,74              87,14
     —    Ireland (£ Irl)                                 1 1,424              8,528
     —    United Kingdom (£)                                9,755              7,182                                                                 —
     —    Italy (Lit)                                 22 899            17 093
     —   Greece (Dr)                                   2 128,69           1 370,25
     —   Spain (Pta)                                     111,92             111,92
     —   Portugal (Esc)                                4 240,72          3 553,54
(') Amount fixed provisionally, pending and subject to the setting of the prices and related measures and of the application of the maximum guaranteed
     quantity arrangements for the 1991 /92 marketing year, conforming in particular :
     — to the Commission's proposals for the 1991 /92 marketing year as regards the target price, the monthly increases, the reduction for rape seed other than
        'double zero' and the arrangements applying to rape seed harvested in Spain ;
     — to the adjustment resulting from the maximum guaranteed quantity arrangements and that of the agricultural conversion rates applied for the 1990/91
        marketing year.