CELEX: 31986R0553
Language: en
Date: 1986-03-01 00:00:00
Title: Commission Regulation (EEC) No 553/86 of 28 February 1986 fixing the export refunds on oil seeds

1 . 3 . 86                                 Official Journal of the European Communities                            No L 55/67
                                       COMMISSION REGULATION (EEC) No 553/86
                                                        of 28 February 1986
                                             fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                          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 the Treaty establishing the European                whereas the amount of this refund may not exceed the
Economic Community,                                                  difference between prices within the Community and
                                                                     prices on the world market where the former are higher
                                                                     than the latter ; whereas Article 21 of Regulation No
Having regard to the Act of Accession of Spain and                   136/66/EEC provides that, at present, Article 28 of that
Portugal,                                                            Regulation applies only to colza, rape and sunflower
                                                                     seeds :
Having regard to Council Regulation No 136/66/EEC of
22 September 1966 on the establishment of a common
organization of the market in oils and fats ('), as last             Whereas Article 3 of Regulation No 142/67/EEC provides
amended by Regulation (EEC) No 3768 /85 (2),                         that when the refund is being calculated account must be
                                                                     taken of prices ruling on the various Community markets
                                                                     which are representative from the point of view of proces­
Having regard to Council Regulation No 142/67/EEC of                 sing and exportation ; the most favourable quotations
21 June 1967 on export refunds on colza, rape and                    recorded on the various markets of importing third coun­
sunflower seeds (3), as last amended by Regulation (EEC)             tries and costs incurred in placing the goods on the world
No 2429/72 (4), and in particular the first sentence of              market ; whereas, when the amount of the refund is being
Article 2 (3) thereof,                                               fixed, account must also be taken of the level of market
                                                                     prices within the Community for the oil seeds referred to
                                                                     in Article 21 of Regulation No 136/66/EEC and the
Having regard to Council Regulation (EEC) No 1678/85                 future trend of these prices ; whereas, furthermore,
of 11 June 1985 fixing the conversion rates to be applied            account should be taken of the economic aspect of the
in agriculture (*), as last amended by Regulation (EEC) No           proposed exports and the situation in the Community
3772/85 (<%                                                          regarding the supply of and demand for these seeds ;
Having regard to Council Regulation (EEC) No 1569/72
of 20 July 1972 laying down special measures for colza,              Whereas in the absence of a target price for colza and
rape and sunflower seed Q, as last amended by Regulation             rape seed for the 1985/86 marketing year and of an
(EEC) No 1474/84 (8), and in particular Article 2 (3)                amount for the monthly increases applicable in April,
thereof,                                                             May and June 1986 foi colza and rape seed, in cases of
                                                                     advance fixing for the months of March, April, May and
                                                                     June 1986 of the refund on these products it has been
Having regard to the opinion of the Monetary Committee,               possible only to make a provisional calculation using the
                                                                      target price and monthly increase proposed by the
                                                                      Commission to the Council for the 1985/86 marketing
Whereas the target price and the monthly increases in the             year ; whereas therefore such refund amounts must be
target price for sunflower seed for the 1985/86 marketing             applied only provisionally and confirmed or altered when
year were fixed by Regulations (EEC) No 1489/85 (9) and               the target price for the 1985/86 marketing year is known ;
(EEC) No 1490/85 (10) ; whereas the target price for colza,
rape and sunflower seed in Spain and in Portugal was
fixed by Regulation (EEC) No 454/86 (") ;
                                                                      Whereas in the absence of a target price for colza and
(') OJ   No 172, 30. 9 . 1966, p. 3025/66.                            rape seed for the 1986/87 marketing year, in cases of
0   OJ   No L 362, 31 .  12. 1985, p. 8 .                             advance fixing for the months of July and August 1986 of
 3  OJ   No 125, 26. 6.  1967, p. 2461 /67.                           the refund on these products, it has been possible only to
(*) OJ   No L 264, 23.   11 . 1972, p. 1 .
Ì5) OJ No L 164, 24. 6. 1985, p. 11 .                                 make a provisional calculation using the target price and
(«) OJ No L 362, 31 . 12. 1985, p. 24.                                the monthly increase proposed by the Commission to the
0 OJ No L 167, 25. 7. 1972, p. 9 .                                    Council for the 1986/87 marketing year ; whereas there­
(8) OJ No L 143, 30 . 5. 1984, p. 4.                                  fore such refund amounts must be applied only prov­
0 OJ No L 151 , 10. 6. 1985, p. 13.
(10) OJ No L 151 , 10 . 6. 1985, p. 14.                                isionally and confirmed or altered when the target price
(") OJ No L 53, 1 . 3. 1986.                                           for the 1986/87 marketing year is known ;
                                                                                              /
 ---pagebreak---  No L 55/68                            Official Journal of the European Communities                                    1 . 3 . 86
 Whereas Article 1 of Commission Regulation (EEC) No                     currency of the Member State concerned and the
 651 /71 of 29 March 1971 on certain detailed rules for the              central rate of each of the currencies of the
 application of export refunds on oil seeds (') as last                  Member States referred to in (a), and
 amended by Regulation (EEC) No 1815/84 (2), provides
 that the amount of the refund must be calculated on the             — the spot market rate for the currency of the
basis of the weight of exported seeds ; whereas this weight              Member State in question in relation to each of
                                                                         the currencies of the Member States referred to in
 must be adjusted to take account of any differences
between the percentages of moisture and impurities found                 (a), as recorded over a period to be determined ;
 to exist and those used to define the standard quality for
which the target price is fixed ; whereas, when this adjust­     Whereas, however, pursuant to Article 2a of Regulation
ment is being made, the weight of the exported seeds             (EEC) No 1569/72, the monetary disparity for the marke­
must be increased by the amount of the difference                ting years 1984/85 to 1986/87 will be calculated by a
between the actual moisture and impurities content and           method which takes into account a coefficient applied to
that used to define the standard quality if the former is        the conversion rate resulting from the central rate ;
lower than the latter ; whereas, if the opposite applies, the    whereas Regulation (EEC) No 2679/85 (*) fixed the coeffi­
weight of the exported seeds must be reduced by the              cient ;
same amount ;
                                                                 Whereas pursuant to Article 2 (2) of Regulation (EEC) No
                                                                 1569/72 forward differential amounts are to be deter­
Whereas the standard quality referred to above was               mihed where the forward exchange rate for one or more
defined in Article 2 of Council Regulation (EEC) No              currencies differs from the spot rate by at least a given
 1 102/84 (3);                                                   percentage ; whereas this percentage has been fixed at 0,5
                                                                 by Regulation (EEC) No 1813/84 ;
Whereas Article 2 of Regulation No 142/67/EEC provides           Whereas Regulation (EEC) No 1813/84 specifies the spot
that the refund may be varied according to destination           and forward exchange rates and the period to be used for
where the world market situation or the specific require­        calculating the differential amounts ; whereas in cases
ments of certain markets make this necessary ;                   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
Whereas Article 4 of Regulation (EEC) No 651 /71                 be, must be used ;
provides for the publication of the amount of the final
refund obtained from the conversion into each of the
national currencies of the amount of the refund in ECU           Whereas it follows from applying these provisions to the
                                                                 current situation of the oil-seeds market and to the rates
plus or minus the differential amount ; whereas Article 1
of Regulation (EEC) No 1813/84 (4) defined the elements          or prices of these products that, pursuant to Article 4 of
which determine the differential amounts ; whereas these         Regulation (EEC) No 651 /71 , the amount of the refund in
                                                                 ECU and the amount of the final refund in each of the
elements are equal to the incidence on the targe,t price or      national currencies must, in the case of colza and rape
the refund of the coefficient derived from the percentage
                                                                 seed, be fixed in accordance with the Annex to this Regu­
referred to in Article 2 ( 1 ) of Regulation (EEC) No
                                                                 lation ; whereas it is not necessary to fix a refund for
1 569/72 ; whereas, according to these provisions, this          sunflower seed ;
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
                                                                 HAS ADOPTED THIS REGULATION :
     — the conversion rate resulting from the central rate,
(b) for Italy, the United Kingdom and Greece, the diffe­
     rence between :                                                                        Article 1
     — the relationship between the conversion rate used
         under the common agricultural policy for the             1.   In the case of colza and rape seed, the amounts of
                                                                 the refund referred to in Article 4 ( 1 ) of Regulation (EEC)
(') OJ No L 75, 30. 3. 1971 , p. 16.                              No 651 /71 shall be as set out in the Annex hereto .
(2) OJ No L 170, 29. 6. 1984, p. 46.
I3) OJ No L 113, 28. 4. 1984, p. 8.
(<) OJ No L 170, 29 . 6. 1984, p. 41 .                           n OJ No L 254, 25. 9 . 1985, p. 14.
 ---pagebreak---      1 . 3 . 86                             Official Journal of the European Communities                                       No L 55/69
     2. In cases of advance fixing of the refund on colza and               amount will however be confirmed or altered with effect
     rape seed for the months of March, April, May and June                  from 1 March 1986 on the basis of the target price set for
     1986 the amount will however be confirmed or altered                    these products for the 1986/87 marketing year.
     with effect from 1 March 1986 on the basis of the target
     price set for these products for the 1985/86 marketing                 4.     There shall be no refund on sunflower seed .
     year and of the amount for the monthly increases
     applicable in April, May and June 1986 on colza and rape
     seed .
                                                                                                       Article 2
     3. In cases of advance fixing of the refund on colza and
     rape seed for the months of July and August 1986 the                   This Regulation shall enter into force on 1 March 1986.
                         This Regulation shall be binding in its entirety and directly applicable in all Member
                         States .
                         Done at Brussels, 28 February 1986.
                                                                                      For the Commission
                                                                                       Frans ANDRIESSEN
                                                                                           Vice-President
                                                                   ANNEX
                         to the Commission Regulation of 28 February 1986 fixing the export refunds on colza
                                                               and rape seed
                                                                                                                      (amounts per 100 kilograms)
                                                 Current
                                                month (')
                                                               2nd month (')     3rd month (')   4th month (')   5th month (2)    6th month (2)
1 . Gross refunds (ECU) :
    — Spain                                        18,870           19,390            19,390          19,390           15,843           15,843
    — Portugal                                     25,000           25,520            25,520          25,520           21,360        . 21,360
    — other Member States                          25,000           25,520            25,520          25,520           21,360           21,360
2. Final refunds :                                                                             I
    Seeds harvested and exported from :
    —    Federal Republic of Germany (DM)          61,33            62,57             62,59           62,75            52,83            53,31
    —    Netherlands (Fl)                          69,10            70,50             70,50           70,67            59,49            59,98
    —    BLEU (Bfrs/Lfrs)                       1 160,30         1 184,43          1 184,43        1 183,45          990,38           983,03
    —    France (FF)                              172,39           176,03            175,65          174,93          145,81            143,28
    —    Denmark (Dkr)                            210,37           214,75            214,75          214,75          179,74            179,22
    —    Ireland (£ Irl)                           18,753           19,143            19,139          18,900           15,780           15,662
    —    United Kingdom (£)                        13,761           14,083            14,083          14,083           11,509           11,340
    —    Italy (Lit)                           35 137           35 905            35 709          35 520          29 355           28 672
    —    Greece (Dr)                            1 615,07         1 668,29          1 668,29        1 668,29        1 242,53         1 242,53
    —    Spain (Pta)                            2 729,77         2 804,85          2 804,85        2 804,85        2 292,73         2 239,29
    —    Portugal (Esc)                         3 767,37         3 762,25          3 710,82        3 665,77        3 040,30         2 908,26
(') On the basis of the Commission's proposal concerning the indicative price for the 1985/86 marketing year and subject to confirmation by the
    Council's decision .
(2) Contingent on the Council's decision on prices and related matters for the 1986/87 marketing year.