31985R0258

1 . 2 . 85 No L 28 / 19 Official Journal of the European Communities

COMMISSION REGULATION ( EEC) No 258 /85 of 31 January 1985 fixing the export refunds on oil seeds

THE COMMISSION OF THE EUROPEAN favourable quotations recorded on the various markets COMMUNITIES, of importing third countries and costs incurred in placing the goods on the world market ; whereas, Having regard to the Treaty establishing the European when the amount of the refund is being fixed, account Economic Community, must also be taken of the level of market prices within the Community for the oil seeds referred to in Article Having regard to Council Regulation No 136/66/EEC 21 of Regulation No 136/66/EEC and the future trend of 22 September 1966 on the establishment of a of these prices ; whereas, furthermore, account should common organization of the market in oils and fats ('), be taken of the economic aspect of the proposed as last amended by Regulation (EEC) No 2260/84 (2), exports and the situation in the Community regarding the supply of and demand for these seeds ; Having regard to Council Regulation No 142/67/EEC of 21 June 1967 on export refunds on colza, rape and Whereas, in the absence of the indicative price for the sunflower seeds (3), as last amended by Regulation 1985/86 marketing year for colza and rape seed, in (EEC) No 2429/72 (4), and in particular the first case of advance fixing for July 1985, the amount of sentence of Article 2 (3) thereof, the refunds on these products has been obtainable only on the basis of the indicative price proposed by Having regard to Council Regulation (EEC) No the Commission to the Council for the marketing year 1223/83 of 20 May 1983 on the exchange rates to be 1985/86 ; whereas this amount may, therefore, be applied in agriculture (*), as last amended by Regula­ applied on a temporary basis and should be confirmed tion (EEC) No 855/84 (6), or replaced when the indicative price of the 1985/86 marketing year is known ; Having regard to Council Regulation (EEC) No 1569/72 of 20 July 1972 laying down special measures Whereas Article 1 of Commission Regulation (EEC) for colza, rape and sunflower seed Q, as last amended No 651 /71 of 29 March 1971 on certain detailed rules by Regulation (EEC) No 1474/84 (8), and in particular for the application of export refunds on oil seeds (9), as Article 2 (3) thereof, last amended by Regulation (EEC) No 181 5/84 (10), provides that the amount of the refund must be calcu­ Having regard to the opinion of the Monetary lated on the basis of the weight of exported seeds ; Committee, whereas this weight must be adjusted to take account of any differences between the percentages of moisture Whereas Article 28 of Regulation No 136/66/EEC and impurities found to exist and those used to define provides that a refund may be granted on exports to the standard quality for which the target price is fixed ; third countries of oil seeds harvested within the whereas, when this adjustment is being made, the Community ; whereas the amount of this refund may weight of the exported seeds must be increased by the not exceed the difference between prices within the amount of the difference between the actual moisture Community and prices on the world market where the and impurities content and that used to define the former are higher than the latter ; whereas Article 21 standard quality if the former is lower than the latter ; of Regulation No 136/66/EEC provides that, at whereas, if the opposite applies, the weight of the present, Article 28 of that Regulation applies only to exported seeds must be reduced by the same amount ; colza, rape and sunflower seeds ;

Whereas the standard quality referred to above was Whereas Article 3 of Regulation No 142/67/EEC defined in Article 2 of Council Regulation (EEC) No provides that when the refund is being calculated 1 1 02/84 ("); account must be taken of prices ruling on the various Community markets which are representative from the point of view of processing and exportation ; the most Whereas Article 2 of Regulation No 142/67/EEC provides that the refund may be varied according to destination where the world market situation or the (■) OJ No 172, 30 . 9 . 1966, p. 3025/66. (2) OJ No L 208 , 3 . 8 . 1984, p. 1 . specific requirements of certain markets make this (3) OJ No 125, 26. 6. 1967, p. 2461 /67. necessary ; (4) OJ No L 264, 23 . 11 . 1972, p. 1 . O OJ No L 132, 21 . 5. 1983, p. 33 . (6) OJ No L 90, 1 . 4. 1984, p. 1 . 0 OJ No L 75, 30. 3 . 1971 , p. 16. 0 OJ No L 167, 25 . 7. 1972, p. 9 . ( I0) OJ No L 170, 29 . 6. 1984, p. 46. (8) OJ No L 143 , 30 . 5. 1984, p. 4. (") OJ No L 113, 28 . 4. 1984, p. 8 .

No L 28 /20 1 . 2. 85 Official Journal of the European Communities

Whereas Article 4 of Regulation (EEC) No 651 /71 Whereas where, for one" or more months, forward provides for the publication of the amount of the final exchange rates are not available, the rate adopted for refund obtained from the conversion into each of the the previous month or the following month, as the national currencies of the amount of the refund in case may be, is to be used ; ECU plus or minus the differential amount ; whereas Article 1 of Regulation (EEC) No 1813/84 0 defined Whereas, for the period 23 to 29 January 1985, for the elements which determine the differential certain currencies : amounts ; whereas these elements are equal to the incidence on the target price or the refund of the coef­ — for the current month, the difference referred to in ficient derived from the percentage referred to in Article 2 ( 1 ) of Regulation (EEC) No 1569/72 Article 2 (1 ) of Regulation (EEC) No 1569/72 ; differs by more than one point from the percen­ whereas, according to these provisions, this percentage tage adopted for the previous fixing, represents : — for certain following months the difference referred to in Article 2 (2) of Regulation (EEC) No (a) for those Member States whose currencies are 1569/72 exceeds 0,5 % ; whereas this difference in maintained as between themselves within a spread the case of certain forward differential amounts at any given moment of 2,25 % , the difference differs by more than one point from the percen­ between : tage adopted for the previous fixing ;

— the conversion rate used under the common Whereas it follows from applying these provisions to agricultural policy, and the current situation of the oil-seeds i larket and to the rates or prices of these products that, pursuant to — the conversion rate resulting from the central Article 4 of Regulation (EEC) No 651 /71 , the amount rate, of the refund in ECU and the amount of the final refund in each of the national currencies must, in the (b) for Italy, the United Kingdom and Greece, the case of colza and rape seed, be fixed in accordance difference between : with the Annex to this Regulation ; whereas it is not necessary to fix a refund for sunflower seed ; — the relationship between the conversion rate used under the common agricultural policy for Whereas the measures provided for in this Regulation the currency of the Member State concerned are in accordance with the opinion of the Management and the central rate of each of the currencies of Committee for Oils and Fats, the Member States referred to in (a), and

— the spot market rate for the currency of the Member State in question in relation to each of the currencies of the Member States referred to HAS ADOPTED THIS REGULATION : in (a), as recorded over a period to be deter­ mined ;

Article 1 Whereas, however, pursuant to Article 2a of Regula­ tion (EEC) No 1569/72, the monetary disparity for the marketing years 1984/85 to 1986/87 will be calculated In the case of colza and rape seed, the amounts of the by a method which takes into account a coefficient refund referred to in Article 4 ( 1 ) of Regulation (EEC) applied to the conversion rate resulting from the No 651 /71 shall be as set out in the Annex hereto. central rate ; whereas the said Article 2a fixed the coef­ ficient for the beginning of the 1984/85 marketing The amount of the refunds in the case of advance year ; whereas account should be taken thereof in fixing for July 1985 will, however, for colza and rape respect of colza and rape seed with effect from 1 July seed, be confirmed or replaced as from 1 February 1984, and in respect of sunflower seed with effect from 1985 to take into account the indicative price which is 1 August 1984 ; fixed for these products for the 1985/86 marketing year. Whereas pursuant to Article 2L (2) of Regulation (EEC) No 1569/72 forward differential amounts are to be No refund is fixed for sunflower seed . determined where the forward exchange rate for one or more currencies differs from the spot rate by at least a given percentage ; whereas this percentage has been Article 2 fixed at 0,5 by Regulation (EEC) No 1813/84 ; This Regulation shall enter into force on 1 February (') OJ No L 170, 29 . 6. 1984, p. 41 . 1985 .

1 . 2 . 85 Official Journal of the European Communities No L 28 /21

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

Done at Brussels, 31 January 1985.

For the Commission Frans ANDRIESSEN Vice-President

ANNEX

to the Commission Regulation of 31 January 1985 fixing the export ' refunds on colza and rape seed

(amounts per 100 kilograms) Current 1st month 2nd month 3rd month 4th month 5th month month

1 . Gross refunds (ECU) 9,500 10,020 10,540 10,540 10,540 4,690 (')

2. Final refunds l\||

- Seeds harvested and exported from : l \

— Federal Republic of Germany (DM) 25,43 26,67 27,95 28,21 28,21 15,04 (') — Netherlands (Fl) 28,66 30,06 31,46 31,73 31,73 16,80 (') — BLEU (Bfrs/Lfrs) 440,91 465,05 489,18 487,58 487,58 204,09 (') — France (FF) 55,55 59,13 62,08 60,94 60,94 20,77 (') — Denmark (Dkr) 79,94 84,32 . 88,69 88,69 88,69 38,62 (') — Ireland (£ Irl) 7,126 7,516 7,900 7,826 7,826 2,898 (>) — United Kingdom (£) 4,254 4,576 4,897 4,897 4,897 1,278 0) — Italy (Lit) 13 604 14 344 14 780 14 482 14 482 5 165 (') — Greece (Dr) 671,15 718,23 765,30 765,30 765,30 235,71 (■)

(') On the basis of the Commission s proposal concerning the indicative price and subject to confirmation by the Council's decision .