CELEX: 31988R2375
Language: en
Date: 1988-07-30 00:00:00
Title: Commission Regulation (EEC) No 2375/88 of 29 July 1988 fixing the export refunds on oil seeds

No L 205/42                            Official Journal of the European Communities                               30 . !.. 88
                                     COMMISSION REGULATION (EEC) No 2375/88
                                                        of 29 July 1988
                                          fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                       the latest Commission proposals to the Council on prices
                                                                  and related measures ;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                  Whereas Article 28 of Regulation No 136/66/EEC
Having regard to the Act of Accession of Spain and                provides that a refund may be granted on exports to third
Portugal,                                                         countries of oil seeds harvested within the Community ;
                                                                  whereas the amount of this refund may not exceed the
Having regard to Council Regulation No 136/66/EEC of              difference between prices within the Community and
22 September 1966 on the establishment of a common                prices on the world market where the former are higher
organization of the market in oils and fats ('), as last          than the latter ; whereas Article 21 of Regulation No
amended by Regulation (EEC) No 2210/88 (2),                        136/66/EEC provides that, at present, Article 28 of that
                                                                  Regulation applies only to colza, rape and sunflower
Having regard to Council Regulation No 142/67/EEC of              seeds ;
21 June 1967 on export refunds on colza, rape and
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 1678/85              Regulation (EEC) No 478/86 (13) ;
of 11 June 1985 fixing the conversion rates to be applied
in agriculture (*), as last amended by Regulation (EEC) No
2185/88 (*),                                                      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
Having regard to Commission Regulation (EEC) No                   fixed, account must also be taken of the level of market
2041 /75 of 25 July 1975 on special detailed rules for the        prices within the Community for the oil seeds referred to
application of the system of import and export licences           in Article 21 of Regulation No 136/66/EEC and the
and advance fixing certificates for oils and fats (9), as last    future trend of these prices ; whereas, furthermore,
amended by Regulation (EEC) No 2662/87 (10), and in               account should be taken of the economic aspect of the
particular Article 13 thereof,                                    proposed exports and the situation in the Community
                                                                  regarding the supply of and demand for these seeds ;
Having regard to the opinion of the Monetary Committee,
Whereas the target price and the monthly increases in the         Whereas the abatement of the subsidy which arises, where
target price for colza, rape and sunflower seed for the           appropriate, from the system of maximum guaranteed
1988/89 marketing year were fixed by Council Regula­              quantities for the 1988/89 marketing year, has not, to
tions (EEC) No 2213/88 (») and (EEC) No 2214/88 (,2) ;            date, been fixed ; whereas the amount of the refund for
                                                                  the 1988/89 marketing year has been provisionally calcu­
Whereas, in order to determine the amount of the aid,             lated on the basis of an abatement of 4,502 ECU per 100
account should be taken among the calculation factors of          kg for colza and rape seed ;
 ■) OJ No 172, 30. 9. 1966, p. 3025/66.
 2) OJ No L 197, 26. 7. 1988, p. 1 .                              Whereas Article 1 of Commission Regulation (EEC) No
 3) OJ No 125, 26. 6. 1967, p. 2461 /67.                          651 /71 of 29 March 1971 on certain detailed rules for the
 4) OJ No L 291 , 19. 11 . 1979, p. 17.
 0 OJ No L 164, 24. 6. 1985, p. 11 .                              application of export refunds on oil seeds (14) as last
 j OJ No L 195, 23. 7. 1988, p. 1 .                               amended by Regulation (EEC) No 1 81 5/84 (15) provides
 ^ OJ No L 167, 25. 7. 1972, p. 9.                                that the amount of the refund must be calculated on the
 8) OJ No L 197, 26. 7. 1988, p. 10.
 ») OJ No L 213, 11 . 8 . 1975, p. 1 .
 10) OJ No L 252, 3. 9. 1987, p. 6.                               H OJ No L 53, 1 . 3. 1986, p. 55.
 ") OJ No L 197, 26. 7. 1988, p. 6.                               H OJ No L 75, 30. 3. 1971 , p. 16.
 12 OJ No L 197, 26. 7. 1988, p. 8 .                              H OJ No L 170, 29. 6. 1984, p. 46.
 ---pagebreak--- 30 . 7 . 88                               Official Journal of the European Communities                             No L 205/43
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              Whereas Regulation (EEC) No 1813/84 specifies the spot
that used to define the standard quality if the former is           and forward exchange rates and the period to be used for
lower than the latter ; whereas, if the opposite applies, the       calculating the differential amounts ; whereas in cases
weight of the exported seeds must be reduced by the                 where, for one or more months, quotations of forward
same amount ;                                                       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                 Whereas it follows from applying these provisions to the
 1 1 02/84 (');                                                     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 2 of Regulation No 142/67/EEC provides              ECU and the amount of the final refund in each of the
that the refund may be varied according to destination              national currencies must, in the case of colza and rape
where the world market situation or the specific require­           seed, be fixed in accordance with the Annex to this Regu­
ments of certain markets make this necessary ;                      lation ; whereas it is not necessary to fix a refund for
                                                                    sunflower seed ;
Whereas Article 4 of Regulation (EEC) No 651 /71                    Whereas Article 13 of Regulation (EEC) No 2041 /75
provides for the publication of the amount of the final             makes provision for the period of validity of certificates
refund obtained from the conversion into each of the
                                                                    fixing refunds in advance to be reduced if the market
national currencies of the amount of the refund in ECU
                                                                    situation warrants ; whereas in the interests of sound
plus or miflus the differential amount ; whereas Article 1          market management a reduction should be made ;
of Commission Regulation (EEC) No 1813/84 (2), as last
amended by Regulation (EEC) No 2138/87 (3), defined the
elements which determine the differential amounts ;                 Whereas the measures provided for in this Regulation are
whereas these elements are equal to the incidence on the            in accordance with the opinion of the Management
                                                                    Committee for Oils and Fats,
target price reduced by 7,5 % or the refund of the coeffi­
cient derived from the percentage referred to in Article 2
(1 ) of Regulation (EEC) No 1569/72 ; whereas, according
to these provisions, this percentage represents :
                                                                    HAS ADOPTED THIS REGULATION :
(a) for those Member States whose currencies are main­
      tained as between themselves within a spread at any                                      Article 1
      given moment of 2,25 % , the difference between :
      — the conversion rate used under the common agri­             1.    In the case of colza and rape seed, the amounts of
          cultural policy, and
                                                                    the refund referred to in Article 4 (1 ) of Regulation (EEC)
      — the conversion rate resulting from the central rate,        No 651 /71 shall be as set out in the Annex hereto.
                                                                    2.    There shall be no refund on sunflower seed.
(b) for the other Member States, the difference between :
                                                                    3.    Certificates fixing the export refund in advance shall
      — the relationship between the conversion rate used           be valid from their date of issue until the end of the follo­
          under the common agricultural policy for the              wing month.
          currency of the Member State concerned and the
          central rate of each of the currencies of the
                                                                    4. However, the amount of the export refund for colza
          Member States referred to in (a), and                     and rape seeds shall be confirmed or replaced with effect
      — the spot market rate for the currency of the                from 1 August 1988 to take account, where applicable, of
          Member State in question in relation to each of           the consequences of the application of the maximum
          the currencies of the Member States referred to in        garanteed quantities system.
          (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 .
0 OJ No L 200, 21 . 7. 1987, p. 9.                                  This Regulation shall enter into force on 1 August 1988 .
 ---pagebreak---     No L 205/44                                 Official Journal of the European Communities                                  30 . 7. 88
                        This Regulation shall be binding in its entirety and directly applicable in -all Member
                        States.
                        Done at Brussels, 29 July 1988 .
                                                                                         For the Commission
                                                                                          Frans ANDRIESSEN
                                                                                             Vice-President
                                                                        ANNEX
                            to the Commission Regulation of 29 July 1988 fixing the export refunds on colza
                                                                    and rape seed
                                                                                                                   (amounts per 100 kilograms)
                                                       Current       1st period       2nd period     3rd period 4th period      5th period
                                                         80              9 (')            10             11         12               1
1 . Gross refunds (ECU):
    — Spain                                                5,342           5,342
    -—Portugal                                            9,502            9,502
    — other Member States                                  5,000           5,000
2. Final refunds :
    Seeds harvested and exported from :
    —   Federal Republic of Germany (DM)                 12,45            12,45
    —   Netherlands (Fl)                                 13,53            13,53
    —   BLEU (Bfrs/Lfrs)                                233,15          233,15
    —   France (FF)                                      25,17            25,17
    —   Denmark (Dkr)                                    38,09            38,09
    —   Ireland (£ Irl)                                    2,776           2,776
    —   United Kingdom (£)                                 0,705           0,705
    —   Italy (Lit)                                  3 824           3 824
    —   Greece (Dr)                                       0,00             0,00
    —   Spain (Pta)                                     819,98          819,98
    —   Portugal (Esc)                                1 053,02        1 052,85
(') Subject to the reduction resulting from the maximum guaranteed quantities system.