31985R0833

30 . 3 . 85 Official Journal of the European Communities No L 91 /23

COMMISSION REGULATION (EEC) No 833/85 of 29 March 1985 fixing the export refunds on oil seeds

THE COMMISSION OF THE EUROPEAN point of view of processing and exportation ; the most COMMUNITIES, favourable quotations recorded on the various markets of importing third countries and costs incurred in Having regard to the Treaty establishing the European placing the goods on the world market ; whereas, Economic Community, when the amount of the refund is being fixed, account 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 683/85 (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 sunflower seeds (3), as last amended by Regulation Whereas, in the absence of the target price for the (EEC) No 2429/72 (4), and in particular the first 1985/86 marketing year for colza, rape and sunflower sentence of Article 2 (3) thereof, seed and in the absence of the amount of the monthly increase for September 1985 for colza and rape seed, Having regard to Council Regulation (EEC) No the amount of the refunds in the case of advance 1223/83 of 20 May 1983 on the exchange rates to be fixing for July, August and September 1985 for colza applied in agriculture (*), as last amended by Regula­ and rape seed and August 1985 for sunflower seed has tion (EEC) No 855/84 been obtainable only provisionally on the basis of the target price and the monthly increase proposed by the Having regard to Council Regulation (EEC) No Commission to the Council for the marketing year 1569/72 of 20 July 1972 laying down special measures 1985/86 ; whereas this amount may, therefore, be for colza, rape and sunflower seed Q, as last amended applied on a temporary basis and should be confirmed by Regulation (EEC) No 1474/84 (8), and in particular or replaced when the indicative price of the 1985/86 Article 2 (3) thereof, marketing year is known ;

Having regard to the opinion of the Monetary Whereas Article 1 of Commission Regulation (EEC) Committee, No 651 /71 of 29 March 1971 on certain detailed rules for the application of export refunds on oil seeds (®), as Whereas Article 28 of Regulation No 136/66/EEC last amended by Regulation (EEC) No 1815/84 (10), provides that a refund may be granted on exports to provides that the amount of the refund must be calcu­ third countries of oil seeds harvested within the lated on the basis of the weight of exported seeds ; Community ; whereas the amount of this refund may whereas this weight must be adjusted to take account not exceed the difference between prices within the of any differences between the percentages of moisture Community and prices on the world market where the and impurities found to exist and those used to define former are higher than the latter ; whereas Article 21 the standard quality for which the target price is fixed ; of Regulation No 136/66/EEC provides that, at whereas, when this adjustment is being made, the present, Article 28 of that Regulation applies only to weight of the exported seeds must be increased by the colza, rape and sunflower seeds ; amount of the difference between the actual moisture and impurities content and that used to define the Whereas Article 3 of Regulation No 142/67/EEC standard quality if the former is lower than the latter ; provides that when the refund is being calculated whereas, if the opposite applies, the weight of the account must be taken of prices ruling on the various exported seeds must be reduced by the same amount ; Community markets which are representative from the

Whereas the standard quality referred to above was (') OJ No 172, 30 . 9. 1966, p. 3025/66. defined in Article 2 of Council Regulation (EEC) No (2) OJ No L 75, 16. 3. 1985, p. 7. (3) OJ No 125, 26. 6. 1967, p. 2461 /67. 1 102/84 ('») ; 0 OJ No L 264, 23 . 11 . 1972, p. 1 . 0 OJ No L 132, 21 . 5. 1983, p. 33 . («) 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 . (,0) 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 91 /24 Official Journal of the European Communities 30 . 3 . 85

Whereas Article 2 of Regulation No 142/67/EEC determined where the forward exchange rate for one provides that the refund may be varied according to or more currencies differs from the spot rate by at least destination where the world market situation or the a given percentage ; whereas this percentage has been specific requirements of certain markets make this fixed at 0,5 by Regulation (EEC) No 1813/84 ; necessary ; Whereas where, for one or more months, forward exchange rates are not available, the rate adopted for Whereas Article 4 of Regulation (EEC) No 651 /71 the previous month or the following month, as the provides for the publication of the amount of the final case may be, is to be used ; refund obtained from the conversion into each of the national currencies of the amount of the refund in Whereas, for the period 20 to 26 March 1985, for ECU plus or minus the differential amount ; whereas certain currencies : Article 1 of Regulation (EEC) No 1813/84 (') defined the elements which determine the differential — for the current month, the difference referred to in amounts ; whereas these elements are equal to the Article 2 ( 1 ) of Regulation (EEC) No 1569/72 incidence on the target price or the refund of the coef­ differs by more than one point from the percen­ ficient derived from the percentage referred to in tage adopted for the previous fixing, Article 2 ( 1 ) of Regulation (EEC) No 1569/72 ; — for certain following months the difference whereas, according to these provisions, this percentage referred to in Article 2 (2) of Regulation (EEC) No represents : 1569/72 exceeds 0,5 % ; whereas this difference in the case of certain forward differential amounts (a) for those Member States whose currencies are differs by more than one point from the percen­ maintained as between themselves within a spread tage adopted for the previous fixing ; at any given moment of 2,25 % , the difference between : Whereas it follows from applying these provisions to the current situation of the oil-seeds market and to the — the conversion rate used under the common rates or prices of these products that, pursuant to agricultural policy, and Article 4 of Regulation (EEC) No 651 /71 , the amount of the refund in ECU arjd the amount of the final — the conversion rate resulting from the central refund in each of the national currencies must, in the rate, case of colza and rape seed, be fixed in accordance with the Annex to this Regulation ; whereas it is not (b) for Italy, the United Kingdom and Greece, the difference between : necessary to fix a refund for sunflower seed ;

Whereas the measures provided for in this Regulation — the relationship between the conversion rate are in accordance with the opinion of the Management used under the common agricultural policy for Committee for Oils and Fats, the currency of the Member State concerned and the central rate of each of the currencies of the Member States referred to in (a), and HAS ADOPTED THIS REGULATION : — 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 Article 1 in (a), as recorded over a period to be deter­ mined ; In the case of colza and rape seed, the amounts of the refund referred to in Article 4 ( 1 ) of Regulation (EEC) Whereas, however, pursuant to Article 2a of Regula­ No 651 /71 shall be as set out in the Annex hereto. tion (EEC) No 1569/72, the monetary disparity for the marketing years 1984/85 to 1986/87 will be calculated The amount of the refunds in the case of advance by a method which takes into account a coefficient fixing for July, August and September 1985 for colza applied to the conversion rate resulting from the and rape seed and August 1985 for sunflower seed will, central rate ; whereas the said Article 2a fixed the coef­ however, be confirmed or replaced as from 1 April ficient for the beginning of the 1984/85 marketing 1985 to take into account the indicative price which is year ; whereas account should be taken thereof in fixed for these products for the 1985/86 marketing respect of colza and rape seed with effect from 1 July year, and the amount of the monthly increase for 1984, and in respect of sunflower seed with effect from September 1985 for colza and rape seed. 1 August 1984 ; No refund is fixed for sunflower seed. Whereas pursuant to Article 2 (2) of Regulation (EEC) No 1569/72 forward differential amounts are to be Article 2

(') OJ No L 170, 29 . 6. 1984, p. 41 . This Regulation shall enter into force on 1 April 1985.

30 . 3 . 85 Official Journal of the European Communities No L 91 /25

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

Done at Brussels, 29 March 1985.

For the Commission

Frans ANDRIESSEN Vice-President

ANNEX

to the Commission Regulation of 29 March 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) 7,000 7,000 7,000 1,150 (') 1,150 (') 1,670 (')

2. Final refunds \\

Seeds harvested and exported from : \ \\

— Federal Republic of Germany (DM) 19,71 19,71 19,75 6,07 (') 6,07 (') 8,17 (') — Netherlands (Fl) 22,21 22,21 22,21 6,79 (') 6 79 (') 9,05 (') — BLEU (Bfrs/Lfrs) 324,88 324,88 324,88 51,64 (») 51,64 (■) 62,^5 (') — France (FF) 37,54 37,54 36,88 0,00 (') 0,00 (') 0,00 (') — Denmark (Dkr) 58,90 58,90 58,90 9,68 (') 9,68 (') 13,13 (') — Ireland (£ Irl) 5,251 5,251 5,244 0,775 (') 0,775 (') 0,579 (') — United Kingdom (£) 4,629 4,629 4,629 1,010 (') 1,010 (') 1,032 (') — Italy (Lit) 8 588 8 583 8 247 0 (') 0 (•) 0 (') — Greece (Dr) 236,29 236,29 236,29 0,00 (') 0,00 (') 0,00 (')

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