CELEX: 31989R1140
Language: en
Date: 1989-04-29 00:00:00
Title: Commission Regulation (EEC) No 1140/89 of 28 April 1989 fixing the export refunds on oil seeds

29 . 4. 89                                Official Journal of the European Communities                           No L 119/49
                                      COMMISSION REGULATION (EEC) No 1140/89
                                                         of 28 April 1989
                                            fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          1988/89 marketing year were fixed by Council Regula­
                                                                    tions (EEC) No 2213/88 (,0) and (EEC) No 2214/88 (») ;
Having regard to the Treaty establishing the European               Whereas, in order to determine the amount of the aid,
Economic Community,                                                 account should be taken among the calculation factors of
                                                                    the latest Commission proposals to the Council on prices
                                                                    and related measures ;
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
Having regard to Regulation No 136/66/EEC of the                     countries of oil seeds harvested within the Community ;
Council of 22 September 1966 on the establishment of a               whereas the amount of this refund may not exceed the
common organization of the market in oils and fats ('), as           difference between prices within the Community and
last amended by Regulation (EEC) No 2210/88 (2),                     prices on the world market where the former are higher
                                                                     than the latter ; whereas Article 21 of Regulation No
                                                                     136/66/EEC provides that, at present, Article 28 of that
Having regard to Regulation No 142/67/EEC of the                     Regulation applies only to colza, rape and sunflower
Council of 21 June 1967 on export refunds on colza, rape             seeds ;
and sunflower seeds (3), as last amended by the Act of
Accession of Greece, and in particular the first sentence            Whereas the refund for colza and rape seeds produced in
of Article 2 (3) thereof,                                            Spain or Portugal is adjusted in accordance with Council
                                                                     Regulation (EEC) No 478/86 (12);
Having regard to Council Regulation (EEC) No 1678/85
of 11 June 1985 fixing the conversion rates to be applied            Whereas Article 3 of Regulation No 142/67/EEC provides
in agriculture (4), as last amended by Regulation (EEC) No           that when the refund is being calculated account must be
 1129/89 0,                                                          taken of prices ruling on the various Community markets
                                                                     which are representative from the point of view of proces­
                                                                     sing and exportation ; the most favourable quotations
Having regard to Regulation (EEC) No 1569/72 of the                  recorded on the various markets of importing third coun­
Council of 20 July 1972 laying down special measures for             tries and costs incurred in placing the goods on the world
colza, rape and sunflower seed (*), as last amended by               market ; whereas, when the amount of the refund is being
                                                                     fixed, account must also be taken of the level of market
Regulation (EEC) No 2216/88 f7), and in particular Article
2 (3) thereof,                                                       prices within the Community for the oil seeds referred to
                                                                     in Article 21 of Regulation No 136/66/EEC and the
                                                                     future trend of these prices ; whereas, furthermore,
Having regard to Regulation (EEC) No 2041 /75 of the                 account should be taken of the economic aspect of the
Commission of 25 July 1975 on special detailed rules for             proposed exports and the situation in the Community
the application of the system of import and export                   regarding the supply of and demand for these seeds ;
licences and advance fixing certificates for oils and fats (8),
as last amended by Regulation (EEC) No 2662/87 (?), and              Whereas the abatement of the subsidy for colza and rape
in particular Article 13 thereof,                                    seed which arises from the system of maximum guaran­
                                                                     teed quantities for the 1988/89 marketing year has been
                                                                     fixed by Commission Regulation (EEC) No 2761 /88 (13) ;
Having regard to the opinion of the Monetary Committee,
                                                                     Whereas Article 1 of Regulation (EEC) No 651 /71 of the
                                                                      Commission of 29 March 1971 on certain detailed rules
Whereas the target price and the monthly increases in the            for the application of export refunds on oil seeds (14), as
target price for colza, rape and sunflower seed for the              last amended by Regulation (EEC) No 1815/84 (15),
                                                                      provides that the amount of the refund must be calculated
(') OJ No 172, 30. 9. 1966, p. 3025/66.                              on the basis of the weight of exported seeds ; whereas this
I1) OJ No L 197, 26. 7. 1988, p. 1 .
(3) OJ No 125, 26. 6. 1967, p. 2461 /67.
(") OJ No L 164, 24. 6. 1985, p. 11 .                                H     OJ No L  197, 26. 7. 1988, p. 6.
Is) See page 1 of this Official Journal.                             (»)   OJ No L  197, 26. 7. 1988, p. 8 .
C)  OJ  No  L 167,   25. 7. 1972, p. 9.                              (•2)  OJ No L  53, 1 . 3. 1986, p. 55.
O   OJ  No  L 197,   26. 7. 1988, p. 10 .                             (13) OJ No L  247, 6. 9. 1988, p. 7.
o   OJ  No  L 213,   11 . 8. 1975, p. 1 .                            H     OJ No L  75, 30. 3. 1971 , p. 16.
0   OJ  No  L 252,   3. 9 . 1987, p. 6.                              H     °J No L  170, 29. 6. 1984, p. 46.
 ---pagebreak--- No L 119/50                            Official Journal of the European Communities                                  29. 4. 89
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 1 42/67/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 (1 ) of Regulation (EEC)
                                                                  No 651 /71 shall be as set out in the Annex hereto.
     — the relationship between the conversion rate used          2.    There shall be no refund on sunflower seed.
         under the common agricultural policy for the
         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.
 (2) OJ No L 170, 29. 6. 1984, p. 41
 0 OJ No L 50, 22. 2. 1989, p. 7.                                 This Regulation shall enter into force on 1 May 1989.
 ---pagebreak---  29 . 4. 89                             Official Journal of the European Communities                             No L 119/51
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States .
                     Done at Brussels, 28 April 1989.
                                                                             For the Commission
                                                                               Ray MAC SHARRY
                                                                         Member of the Commission
                                                            ANNEX
                    to the Commission Regulation of 28 April 1989 fixing the export refunds on oil seeds
                                                                                                      (amounts per 100 kilograms)
                                               Current     1st period    2nd period   3rd period    4th period      5th period
                                                  5             6            7             8             9              10
1 . Gross refunds (ECU) :                                \             \                         i
    — Spain                                       16,280       16,280        —            —             —               —
    — Portugal                                    20,440       20,440        —            —             __              —
    — other Member States                         17,000       17,000        —            —             —               —
2. Final refunds :                                       l             l                         1
    Seeds harvested and exported from :                  l             l                         l
    —   Federal Republic of Germany (DM)          40,61        40,61         —            —             —               —
    —   Netherlands (Fl)                          45,22        45,22         —            —             —               —
    —   BLEU (Bfrs/Lfrs)                         820,88       820,88         —            —             —               —
    —   France (FF)                              122,59       122,59         —            —              —              —
    —   Denmark (Dkr)                            148,21       148,21         —            —              —              —
    —   Ireland (£ Irl)                           13,632        13,632       —            —              —              —
    —   United Kingdom (£)                        10,164        10,164       —            —                             —
    —   Italy (Lit)                           26 191       26 191            —                           —              —
    —   Greece (Dr)                            1 654,15     1 633,18         —            —              —
    —   Spain (Pta)                            2 746,96     2 746,96         —            —              —              —
    —   Portugal (Esc)                         3 749,26     3 749,26         —            —              —              —