CELEX: 31991R1463
Language: en
Date: 1991-06-01 00:00:00
Title: Commission Regulation (EEC) No 1463/91 of 31 May 1991 fixing the export refunds on oil seeds

1 . 6. 91                             Official Journal of the European Communities                           No L 138 /35
                                      COMMISSION REGULATION (EEC) No 1463/91
                                                         of 31 May 1991
                                          fixing 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 ('), 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
 1340/91 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 (6), as last amended by Regulation       Regulation applies only to colza, rape and sunflower
 (EEC) No 2206/90 Q, 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 (13) ;
 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.
(4) OJ No L 164, 24. 6. 1985, p. 11 .                             seed wich arises from the system of maximum guaranteed
0 OJ No L 132, 27. 5. 1991 , p. 40 .                              quantities for the 1990/91 marketing year has been fixed
(6) OJ No L 167, 25. 7. 1972, p. 9.                               by Commission Regulation (EEC) No 2509/90 (I4) ;
0 OJ No L 201 , 31 . 7. 1990, p. 11 .
(8) OJ No L 213, 11 . 8 . 1975, p. 1 .
(9) 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.                             H OJ No L 53, 1 . 3 . 1986, p. 55.
(") OJ No L 132, 23. 5. 1990, p. 11 .                             H OJ No L 237, 1 . 9. 1990, p. 7.
 ---pagebreak---  No L 138/36                             Official Journal of the European Communities                                    1 . 6. 91
 Whereas Article 1 of Commission Regulation (EEC) No                   — the agricultural conversion rate, and
 651 /71 of 29 March 1971 on certain detailed rules for the
 application of export refunds on oil seeds ('), as last               — the average rate of the ecu as published in the C
 amended by Regulation (EEC) No 1815/84 (2), provides                      Series of the Official Journal of the European
 that the amount of the refund must be calculated on the                    Communities during a period to be determined,
 basis of the weight of exported seeds ; whereas this weight               multiplied by the factor referred to in the second
 must be adjusted to take account of any differences                       indent of (a).
 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 pursuant to Article 2 (2) of Regulation (EEC) No
 ment is being made, the weight of the exported seeds              1569/72 forward differential amounts are to be deter­
 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
Whereas the standard quality referred to above was                 calculating the differential amounts ; whereas in cases
 defined in Article 2 of Council Regulation (EEC) No               where, for one or more months, quotations of forward
 1102/84 (3);                                                      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 Article 2 of Regulation No 142/67/EEC provides
 that the refund may be varied according to destination
where the world market situation or the specific require­          Whereas it follows from applying these provisions to the
                                                                   current situation of the oil seeds market and to the rates
 ments of certain markets make this necessary ;
                                                                   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 1 539/90 (*), 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
cient derived from the percentage referred to in Article 2         situation warrants ; whereas in the interests of sound
(1 ) of Regulation (EEC) No 1569/72 ; whereas, according           market management a reduction should be made ;
to these provisions, this 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
     — the conversion rate resulting from the central rate         HAS ADOPTED THIS REGULATION :
         of the correcting factor referred to in Article 6 ( 1 )
         of Regulation (EEC) No 1677/85 (16) as last
         amended by Regulation (EEC) No 2205/90 (17).
                                                                                            Article 1
(b) In the case of Member States other than those referred
     to in (a), the difference between :
(') OJ  No  L  75, 30 . 3. 1971 , p. 16.                           1 . In the case of colza and rape seed, the amounts of
(2) OJ  No  L  170, 29 . 6. 1984, p. 46.                           the refund referred to in Article 4 ( 1 ) of Regulation (EEC)
(3) OJ  No  L  113, 28 . 4. 1984, p. 8 .                           No 651 /71 shall be as set out in the Annex hereto.
(4) OJ  No  L  170, 29. 6. 1984, p. 41 .
(*) OJ  No  L  145, 8 . 6. 1990, p. 20 .
(6) OJ  No  L  164, 24. 6. 1985, p. 6 .
f)  OJ  No  L  201 , 31 . 7. 1990, p. 9.                           2.    There shall be no refund on sunflower seed .
 ---pagebreak---  1 . 6. 91                                    Official Journal of the European Communities                                                   No L 138/37
 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 1 June 1991 to
take account of the prices and related measures for the                            This Regulation shall enter into force on 1 June 1991 .
                     This Regulation shall be binding in its entirety and directly applicable in all Member
                     States.
                     Done at Brussels, 31 May 1991 .
                                                                                              For the Commission
                                                                                                Ray MAC SHARRY
                                                                                        Member of the Commission
                                                                         ANNEX
                     to the Commission Regulation of 31 May 1991 fixing 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                                          21,470              18,174           —                 —                 —                 —
     — other Member States                                14,500             11,204           —                 —                 —                 —
2. Final refunds :                                                  I                                   \
     Seeds harvested and exported from :                            I                 \                 I
     —   Federal Republic of Germany (DM)                34,14              26,38             —                 —                 —                 —
     —   Netherlands (Fl)                                38,46              29,72             —                 —
                                                                                                                                  —■                —
     —   BLEU (Bfrs/Lfrs)                               704,07             544,02             —                 —                 —                 —
     —   France (FF)                                    114,49              88,46             —                 —                 —                 —
     —   Denmark (Dkr)                                  130,21             100,61             —                 —                 —                 —
     —   Ireland (£ Irl)                                  12,742              9,846           —                 —                 —                 —
     —  United Kingdom (£)                                10,993              8,421           —                 —                 —                 —
     —   Italy (Lit)                                 25 541            1 9 735                —                 —                 —                 —
     —  Greece (Dr)                                   2 515,53           1 757,91             —                 —                 —                 —
     —  Spain (Pta)                                     111,92             111,92             —                 —                 —                 —
     —  Portugal (Esc)                                4 548,51           3 861,32             —                 —                 —                 —
(') 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.