CELEX: 31988R1896
Language: en
Date: 1988-07-01 00:00:00
Title: Commission Regulation (EEC) No 1896/88 of 30 June 1988 fixing the export refunds on oil seeds

No L 168 /76                           Official Journal of the European Communities                                 1 . 7. 88
                                    COMMISSION REGULATION (EEC) No 1896/88
                                                        of 30 June 1988
                                          fixing the export refunds on oil seeds
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                      Whereas, in order to determine the amount of the aid,
                                                                  account should be taken among the calculation factors of
 Having regard to the Treaty establishing the European            the latest Commission proposals to the Council on prices
 Economic Community,                                              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 Council Regulation No 136/66/EEC of             countries of oil seeds harvested within the Community ;
 22 September 1966 on the establishment of a common               whereas the amount of this refund may not exceed the
 organization of the market in oils and fats ('), as last         difference between prices within the Community and
 amended by Regulation (EEC) No 1098/88 (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 Council Regulation No 142/67/EEC of             Regulation applies only to colza, rape and sunflower
 21 June 1967 on export refunds on colza, rape and                seeds :
 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 (u);
 of 11 June 1985 fixing the conversion rates to be applied
 in agriculture (*), as last amended by Regulation (EEC) No
  1 604/8 («),                                                    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 1869/87 (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 ('), 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 Council has not, to date, adopted the prices          Whereas the abatement of the subsidy which arises, where
 for the 1988/89 marketing year, which commences on 1             appropriate, from the system of maximum guaranteed
July 1988 ; whereas by virtue of the powers conferred on          quantities for the 1988/89 marketing year, has not, to
                                                                  date, been fixed ; whereas the amount of the refund for
 it by the Treaty, the Commission must adopt the
 measures essential to ensure that the common agricultural        the 1988/89 marketing year has been provisionally calcu­
 policy continues to operate in the oil seeds sector and in       lated on the basis of an abatement of 4,502 ECU per 100
 particular to ensure that the abovementioned aid conti­          kg for colza and rape seed ;
 nues to be granted ;
                                                                  Whereas Article 1 of Commission Regulation (EEC) No
(') OJ No 172, 30. 9. 1966, p. 3025/66.                           651 /71 of 29 March 1971 on certain detailed rules for the
(2) OJ No L 110, 29. 4. 1988, p. 10.                              application of export refunds on oil seeds (12) as last
0 OJ No 125, 26. 6. 1967, p. 2461 /67.
(4) OJ No L 291 , 19. 11 . 1979, p. 17.                           amended by Regulation (EEC) No 1815/84 (,3) provides
0 OJ No L 164, 24. 6. 1985, p. 11 .                               that the amount of the refund must be calculated on the
0 OJ No L 143, 10. 6. 1988, p. 10.
0 OJ No L 167, 25. 7. 1972, p. 9.
 8 OJ No L 176, 1 . 7. 1987, p. 30.                               (") OJ No L 53, 1 . 3. 1986, p. 55.
0 OJ No L 213, 11 . 8. 1975, p. 1 .                               (I2) OJ No L 75, 30. 3. 1971 , p. 16.
(,0) OJ No L 252, 3. 9. 1987, p. 6.                               H OJ No L 170, 29. 6. 1984, p. 46.
 ---pagebreak--- 1 . 7. 88                                Official Journal of the European Communities                             No L 168/77
basis of the weight of exported seeds ; whereas this weight        mined where the forward exchange rate for one or more
must be adjusted to take account of any differences                currencies differs from the spot rate by at least a given
between the percentages of moisture and impurities found           percentage ; whereas this percentage has been fixed at 0,5
to exist and those used to define the standard quality for         by Regulation (EEC) No 1813/84 ;
which the target price is fixed ; whereas, when this adjust­
ment is being made, the weight of the exported seeds               Whereas Regulation (EEC) No 1813/84 specifies the spot
must be increased by the amount of the difference                  and forward exchange rates and the period to be used for
between the actual moisture and impurities content and             calculating the - differential amounts ; whereas in cases
that used to define the standard quality if the former is          where, for one or more months, quotations of forward
lower than the latter ; whereas, if the opposite applies, the      exchange rates are not available, the rates adopted for the
weight of the exported seeds must be reduced by the                previous months or the following months, as the case may
same amount ;                                                      be, must be used ;
Whereas the standard quality referred to above was                 Whereas it follows from applying these provisions to the
defined in Article 2 of Council Regulation (EEC) No                current situation of the oil-seeds market and to the rates
 1102/84 0 ;                                                       or prices of these products that, pursuant to Article 4 of
                                                                   Regulation (EEC) No 651 /71 , the amount of the refund in
                                                                    ECU and the amount of the final refund in each of the
Whereas Article 2 of Regulation No 142/67/EEC provides              national currencies must, in the case of colza and rape
that the refund may be varied according to destination             seed, be fixed in accordance with the Annex to this Regu­
where the world market situation or the specific require­           lation ; whereas it is not necessary to fix a refund for
ments of certain markets make this necessary ;                      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 minus 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           Whereas the measures provided for in this Regulation are
 elements which determine the ~ differential amounts ;              in accordance with the opinion of the Management
whereas these elements are equal to the incidence on the            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
 (l),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
     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)
                                                                    No 651 /71 shall be as set out in the Annex hereto.
 (b) for the other Member States, the difference between :
                                                                    2.    There shall be no refund on sunflower seed.
     — the relationship between the conversion rate used
          under the common agricultural policy for the              3.    Certificates fixing the export refund in advance shall
          currency of the Member State concerned and the            be valid from their date of issue until the end of the follo­
          central rate of each of the currencies of the             wing month.
          Member States referred to in (a), and
      — the spot market rate for the currency of the                4. However, the amount of the export refund for colza
          Member State in question in relation to each of           and rape seeds shall be confirmed or replaced with effect
          the currencies of the Member States referred to in        from 1 July 1988 to take account, where applicable, of the
          (a), as recorded over a period to be determined ;         consequences of the application of the maximum garan­
                                                                    teed quantities system and of the prices and related
                                                                    measures for the 1988/89 marketing year.
 Whereas pursuant to Article 2 (2) of Regulation (EEC) No
  1569/72 forward differential amounts are to be deter­
                                                                                               Article 2
 (') OJ No L 113, 28. 4. 1984, p. 8.
 0 OJ No L 170, 29. 6. 1984, p. 41 .
 M OJ No L 200, 21 . 7. 1987, p. 9.                                 This Regulation shall enter into force on 1 July 1988.
 ---pagebreak--- No L 168/78                    Official Journal of the European Communities                        1 . 7. 88
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States.
            Done at Brussels, 30 June 1988.
                                                                   For the Commission
                                                                    Frans ANDRIESSEN
                                                                       Vice-President
 ---pagebreak--- 1 . 7. 88                                        Official Journal of the European Communities                                           No L 168/79
                                                                       ANNEX
                            to the Commission Regulation of 30 June 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
                                                        7 0)            80                 9                 10                11              12
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)                                   14,39           14,39            —                 _                 _               _
    — 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 (£)                                  0,261            0,261          —                  —                —               —
    — Italy (Lit)                                    3 824           3 820                —                  —                —               —
    — Greece (Dr)                                         0,00             0,00           —                  —                —               —
    — Spain (Pta)                                      819,98          819,98             —                  —                —               —
    — Portugal (Esc)                                 1 702,36        1 682,62             —                  —                —               —
(') Subject to the reduction resulting from the maximum guaranteed quantities system and the prices and related measures for the 1988/89 marketing year.