31975R1397

No L 140/32 31 . 5 . 75 Official Journal of the European Communities

REGULATION (EEC) No 1397/75 OF THE COMMISSION of 30 May 1975 fixing the export refund on oil seeds

THE COMMISSION OF THE EUROPEAN Whereas Article 3 of Regulation No 142/67/EEC COMMUNITIES, provides that when the refund is being calculated account must be taken of prices ruling on the various Community markets which are representative from Having regard to the Treaty establishing the European the point of view of processing and exportation ; the Economic Community ; most favourable quotations recorded on the various markets of importing third countries and Greece, and costs incurred in placing the goods on the world market ; whereas, when the amount of the refund is Having regard to Council Regulation No 136/ 66/EEC (*) of 22 September 1966 on the establish­ being fixed, account must also be taken of the level of ment of a common organization of the market in oils market prices within the Community for the oil seeds and fats, as last amended by Regulation (EEC) No referred to in Article 21 of Regulation No 136/ 1707/73 (2) ; 66/EEC and the future trend of these prices ; whereas, furthermore, account should be taken of the economic aspect of the proposed exports and the situation in the Having regard to Council Regulation No 162/ Community regarding the supply of and demand for these seeds : 66/EEC (3) of 27 October 1966 on trade in oils and fats between the Community and Greece ;

Whereas Article 1 of Commission Regulation (EEC) Having regard to Council Regulation No 142/ No 651 /71 (6) of 29 March 1971 on certain detailed 67/ EEC (4) of 21 June 1967 on export refunds on rules for the application of export refunds on oil seeds colza, rape and sunflower seeds, as last amended by provides that the amount of the refund must be calcu­ Regulation (EEC) No 2429/72 (5), and in particular the lated on the basis of the weight of exported seeds ; first sentence of Article 2 (3) thereof ; whereas this weight must be adjusted to take account of any differences between the percentages of mois­ ture and impurities found to exist and those used to Having regard to the Opinion of the Monetary define the standard quality for which the target price Committee ; is fixed ; whereas, when this adjustment is being made, the weight of the exported seeds must be increased by the amount of the difference between the Whereas Article 28 of Regulation No 136/66/EEC actual moisture and impurities content and that used provides that a refund may be granted on exports to to define the standard quality if the former is lower third countries of oil seeds harvested within the than the latter ; whereas, if the opposite applies, the Community ; whereas the amount of this refund may weight of the exported seeds must be reduced by the not exceed the difference between prices within the same amount : Community and 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 Regulation applies only to Whereas the standard quality referred to above is colza, rape and sunflower seeds ; defined in Article 2 of Council Regulation (EEC) No 11 22/74 (7) of 29 April 1974 fixing the target prices and basic intervention prices for oil seeds for the Whereas Article 8 of Regulation No 162/66/ EEC 1974/ 1975 marketing year, as amended by Regulation (EEC) No 2496/74 («) ; provides that Article 28 of Regulation No 136/ 66/ EEC and measures taken in application thereof apply, subject to the provisions of the Agreement esta­ Whereas Article 2 of Regulation No 142/67/ EEC blishing an Association between the European provides that the refund may be varied according to Economic Community and Greece, to trade between destination where the world market situation or the the Community and Greece ; specific requirements of certain markets make this necessary ; (') OJ No 172, 30 . 9 . 1966, p. 3025/66. (2) OJ No L 175, 29 . 6 . 1973 , p. 5. (3 ) OJ No 197, 29 . 10 . 1966, p. 3393/66 . (6) OJ No L 75, 30. 3 . 1971 , p. 16. (4) OJ No 125, 26 . 6. 1967, p. 2461 /67. (7) OJ No L 128 , 10 . 5. 1974, p. 8 . (5) OJ No L 264, 23 . 11 . 1972, p. 1 . (8) OJ No L 268 , 3 . 10. 1974, p. 1 .

31 . 5 . 75 Official Journal of the European Communities No L 140/33

Whereas, if the refund system is to operate normally, to this Regulation for those products for which the refunds should be calculated on the following basis : marketing year has already begun ; — in the case of currencies which are maintained in Whereas the measures provided for in this Regulation relation to each other, at any given moment, are in accordance with the Opinion of the Manage­ within a band of 2-25 % , a rate of exchange based ment Committee for Oils and Fats, on their effective parity ; — for other currencies an exchange rate based on the HAS ADOPTED THIS REGULATION : arithmetic mean of the spot market rates of each of these currencies recorded for a given period, in Article 1 relation to the Community currencies referred to in the previous subparagraph ; The refunds on the products referred to in Article 21 of Regulation No 136/66/EEC, exported to third coun­ Whereas it follows from applying these rules and tries and Greece, are hereby fixed as shown in the criteria to the present situation on the market in oil Annex to this Regulation. seeds, and in particular to quotations or prices for these products within 'the Community and on the Article 2 markets of third countries and Greece, that the refund should be fixed at the amounts shown in the Annex This Regulation shall enter into force on 1 June 1975.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 30 May 1975. For the Commission

P.J. LARDINOIS Member of the Commission

ANNEX

Refund applicable to oil seeds from 1 June 1975 (u.aJlOO kg)

CCT Description of goods Refund heading No

ex 12.01 — Colza and rape seed, other than for sowing ex 12.01 Sunflower seed, other than for sowing