CELEX: 31992R0804
Language: en
Date: 1992-04-01
Title: Commission Regulation (EEC) No 804/92 of 31 March 1992 fixing the export refunds on oil seeds

No L 86/46                               Official Journal of the European Communities                                    1 . 4. 92
                                         COMMISSION REGULATION (EEC) No 804/92
                                                         of 31 March 1992
                                             fixing the export refunds on oil seeds
 THE COMMISSION OF THE EUROPEAN COMMUNITIES,                         maximum guaranteed quantities for the 1991 /92 marke­
                                                                     ting year, has been fixed by Commission Regulation
  Having regard to the Treaty establishing the European              (EEC) No 3207/91 (> 2) ;
  Economic Community,
  Having regard to the Act of Accession of Spain and                 Whereas Article 27a (3) of Regulation No 136/66/EEC
 Portugal,                                                           provides that the adjustment of the amount of aid for rape
                                                                     seed produced in Spain for the 1991 /92 marketing year
                                                                     shall be fixed so that the adjusted target price is the same
 Having regard to Council Regulation No 136/66/EEC of                in Spain as in the Community as constituted at 31
 22 September 1966 on the establishment of a common                  December 1985 ;
 organization of the market in oils and fats ('), as last
 amended by Regulation (EEC) No 1720/91 (2),
                                                                     Whereas Article 28 of Regulation No 136/66/EEC
 Having regard to Council Regulation No 142/67/EEC of                provides that a refund may be granted on exports to third
 21 June 1967 on export refunds on colza, rape and                   countries of oil seeds harvested within the Community ;
 sunflower seeds (3), as last amended by the Act of Acces­           whereas the amount of this refund may not exceed the
 sion of Greece, and in particular the first sentence of             difference between prices within the Community and
 Article 2 (3) thereof,                                              prices on the world market where the former are higher
                                                                     than the latter ; whereas Article 21 of Regulation No
 Having regard to Council Regulation (EEC) No 1678/85                136/66/EEC provides that, at present, Article 28 of that
 of 11 June 1985 fixing the conversion rates to be applied           Regulation applies only to colza, rape and sunflower
 in agriculture (4), as last amended by Regulation (EEC) No          seeds ;
 668/92 0,
 Having regard to Council Regulation (EEC) No 1569/72                Whereas the refund for colza and rape seeds produced in
 of 20 July 1972 laying down special measures for colza,             Spain or Portugal is adjusted in accordance with Council
 rape and sunflower seed (*), as last amended by Regulation          Regulation (EEC) No 478/86 (,3) ;
(EEC) No 2206/90 Q, and in particular Article 2 (3)
 thereof,
                                                                     Whereas Article 3 of Regulation No 142/67/EEC provides
                                                                     that when the refund is being calculated account must be
 Having regard to Commission Regulation (EEC) No                     taken of prices ruling on the various Community markets
2041 /75 of 25 July 1975 on special detailed rules for the           which are representative from the point of view of proces­
application of the system of import and export licences              sing and exportation ; the most favourable quotations
and advance fixing certificates for oils and fats (8), as last       recorded on the various markets of importing third coun­
amended by Regulation (EEC) No 557/91 (9), and in parti­             tries and costs incurred in placing the goods on the world
cular Article 13 thereof,                                            market ; whereas, when the amount of the refund is being
                                                                     fixed, account must also be taken of the level of market
 Having regard to the opinion of the Monetary Committee,             prices within the Community for the oil seeds referred to
                                                                     in Article 21 of Regulation No 136/66/EEC and the
Whereas the target price and the monthly increases in the            future trend of these prices ; whereas, furthermore,
target price for colza, rape and sunflower seed for the              account should be taken of the economic aspect of the
 1991 /92 marketing year were fixed by Council Regula­               proposed exports and the situation in the Community
tions (EEC) No 1722/91 (10) and (EEC) No 1723/91 (») ;               regarding the supply of and demand for these seeds ;
Whereas the abatement of the subsidy for colza and rape
seed which arises, where appropriate, from the system of            Whereas the abatement of the subsidy for colza and tape
                                                                     seed wich arises from the system of maximum guaranteed
                                                                     quantities for the 1990/91 marketing year has been fixed
(') OJ  No  172, 30. 9. 1966, p. 3025/66.                           by Commission Regulation (EEC) No 2509/90 (14);
0   OJ  No  L 162, 26. 6. 1991 , p. 27.
(3) OJ  No  125, 26. 6. 1967, p. 2461 /67.
0   OJ  No  L 164, 24. 6. 1985, p. 11 .
0   OJ  No  L 71 , 18 . 3. 1992, p. 21 .                            Whereas Article 1 of Commission Regulation (EEC) No
(«) OJ  No  L 167, 25. 7. 1972, p. 9.                                651 /71 of 29 March 1971 on certain detailed rules for the
o OJ No L 201 , 31 . 7. 1990, p. 11 .
(8) OJ No L 213, 11 . 8. 1975, p. 1 .
0 OJ No L 62, 8 . 3. 1991 , p. 23.                                  (12) OJ No L 303, 1 . 11 . 1991 , p. 68.
H OJ No L 162, 26. 6. 1991 , p. 31 .                                (13) OJ No L 53, 1 . 3. 1986, p. 55.
(") OJ No L 162, 26. 6. 1991 , p. 33.                               O OJ No L 237, 1 . 9. 1990, p. 7.
 ---pagebreak---   1 . 4. 92                                Official Journal of the European Communities                              No L 86/47
  application of export refunds on oil seeds ('), as last                — the agricultural conversion rate, and
  amended by Regulation (EEC) No 1815/84 (2), provides
  that the amount of the refund must be calculated on the                 — the average rate of the ecu as published in the C
  basis of the weight of exported seeds ; whereas this weight                 Series of the Official Journal of the European
  must be adjusted to take account of any differences                         Communities during a period to be determined,
  between the percentages of moisture and impurities found                    multiplied by the factor referred to in the second
 to exist and those used to define the standard quality for                   indent of (a) ;
 which the target price is fixed ; whereas, when this adjust­
 ment is being made, the weight of the exported seeds                Whereas pursuant to Article 2 (2) of Regulation (EEC) No
 must be increased by the amount of the difference                   1569/72 forward differential amounts are to be deter­
 between the actual moisture and impurities content and              mined where the forward exchange rate for one or more
 that used to define the standard quality if the former is           currencies differs from the spot rate by at least a given
 lower than the latter ; whereas, if the opposite applies, the       percentage ; whereas this percentage has been fixed at 0,5
 weight of the exported seeds must be reduced by the                 by Regulation (EEC) No 1813/84 ;
 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
  1 1 02/84 (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              Whereas it follows from applying these provisions to the
                                                                     current situation of the oil seeds market and to the rates
 where the world market situation or the specific require­
 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
                                                                     ecus and the amount of the final refund in each of the
 Whereas Article 4 of Regulation (EEC) No 651 /71                    national currencies must, in the case of colza and rape
 provides for the publication of the amount of the final             seed, be fixed in accordance with the Annex to this Regu­
 refund obtained from the conversion into each of the                lation ; whereas it is not necessary to fix a refund for
 national currencies of the amount of the refund in ecus             sunflower seed ;
 plus or minus the differential amount ; whereas Article 1
 of Commission Regulation (EEC) No 1813/84 (4), as last              Whereas Article 13 of Regulation (EEC) No 2041 /75
 amended by Regulation (EEC) No 1 539/90 (*), defined the            makes provision for the period of validity of certificates
 elements which determine the differential amounts ;                 fixing refunds in advance to be reduced if the market
whereas these elements are equal to the incidence on the             situation warrants ; whereas in the interests of sound
 target price reduced by 7,5 % or the refund of the coeffi­          market management a reduction should be made ;
 cient derived from the percentage referred to in Article 2
(1 ) of Regulation (EEC) No 1569/72 ; whereas, according             Whereas the measures provided for in this Regulation are
 to these provisions, this percentage represents :                   in accordance with the opinion of the Management
                                                                     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
           of the correcting factor referred to in Article 6 (1 )    1 . In the case of colza and rape seed, the amounts of
           of Council Regulation (EEC) No 1677/85 (6), as            the refund referred to in Article 4 (1 ) of Regulation (EEC)
           last amended by Regulation (EEC) No 2205/90 (7).          No 651 /71 shall be as set out in the Annex hereto .
                                                                     2.    There shall be no refund on sunflower seed.
(b) In the case of Member States other than those referred
       to in (a), the difference between :                           3.    Certificates fixing the export refund in advance shall
                                                                     be valid from their date of issue until the end of the fol­
(')   OJ  No   L 75, 30. 3. 1971 , p. 16.                            lowing month.
(2)   OJ  No   L 170, 29. 6. 1984, p. 46.
O     OJ  No   L 113, 28. 4. 1984, p. 8.
(")   OJ  No   L 170, 29. 6. 1984, p. 41 .                                                      Article 2
Is) OJ No L 145, 8. 6. 1990, p. 20.
(6) OJ No L 164, 24. 6. 1985, p. 6.
O OJ No L 201 , 31 . 7. 1990, p. 9.                                 This Regulation shall enter into force on 1 April 1992.
 ---pagebreak--- No L 86/48                              Official Journal of the European Communities                                  1 . 4. 92
                   This Regulation shall be bidding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 31 March 1992.
                                                                            For the Commission
                                                                             Ray MAC SHARRY
                                                                        Member of the Commission
                                                            ANNEX
                   to the Commission Regulation of 31 March 1992 fixing the export refunds on oil
                                                               seeds
                                                                                                    (amounts per 100 kilograms)
                                                Current     1st period  2nd period   3rd period   4th period      5th period
                                                   4             5           6           7             8               9
1 . Gross refunds (ECU) :
    — Spain                                       12,500        12,778      —            —            —               —
    — Portugal                                    21,580        21,858      —            —            —               —
    — other Member States                         12,500        12,778      —            —            —               —
2. Final refunds :
    Seeds harvested and exported from :
    —  Federal Republic of Germany (DM)           29,43         30,08       —            —            —               —
    —  Netherlands (Fl)                           33,16         33,89       —            —            —               —
    —  BLEU (Bfrs/Lfrs)                          606,95        620,45       —            —            —               —
    —  France (FF)                                98,70        100,89       —            —            —           .   —
    —  Denmark (Dkr)                             112,25        114,75       —            —            —               —
    —  Ireland (£ Irl)                            10,985        11,229      —            —            —               —
    —  United Kingdom (£)                           9,499         9,720     —            —            —               —
    —  Italy (Lit)                            22 018       22 508           —            —            —               —
    —  Greece (Dr)                             2 793,91     2 842,97        —            —            —               —
    —  Spain (Pta)                             1 949,51      1 991,44       —            —            —               —
    —  Portugal (Esc)                          4 614,96     4 672,97        —            —            —               —