31985R1113

No L 118 / 16 1 . 5. 85 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1113/85 of 30 April 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 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 Whereas, in the absence of the target price for the sunflower seeds (3), as last amended by Regulation 1985/86 marketing year for colza, rape and sunflower (EEC) No 2429/72 (4), and in particular the first seed and in the absence of the amount of the monthly sentence of Article 2 (3) thereof, increase for September and October 1985 for colza and rape seed, the amount of the refunds in the case Having regard to Council Regulation (EEC) No of advance fixing for July, August, September and 1223/83 of 20 May 1983 on the exchange rates to be October 1985 for colza and rape seed and August and applied in agriculture (*), as last amended by Regula­ September 1985 for sunflower seed has been tion (EEC) No 855/84 (*), 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 Committee, Whereas Article 1 of Commission Regulation (EEC) No 651 /71 of 29 March 1971 on certain detailed rules Whereas Article 28 of Regulation I^o 136/66/EEC for the application of export refunds on oil seeds (9), as provides that a refund may be granted on exports to last amended by Regulation (EEC) No 1815/84 (10), third countries of oil seeds harvested within the provides that the amount of the refund must be calcu­ Community ; whereas the amount of this refund may lated on the basis of the weight of exported seeds ; not exceed the difference between prices within the whereas this weight must be adjusted to take account Community and prices on the world market where the of any differences between the percentages of moisture former are higher than the latter ; whereas Article 21 and impurities found to exist and those used to define of Regulation No 136/66/EEC provides that, at the standard quality for which the target price is fixed ; present, Article 28 of that Regulation applies only to whereas, when this adjustment is being made, the colza, rape and sunflower seeds ; weight of the exported seeds must be increased by the amount of the difference between the actual moisture Whereas Article 3 of Regulation No 142/67/EEC and impurities content and that used to define the provides that when the refund is being calculated standard quality if the former is lower than the latter ; account must be taken of prices ruling on the various whereas, if the opposite applies, the weight of the Community markets which are representative from the exported seeds must be reduced by the same amount ; point of view of processing and exportation ; the most

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. 1102/84 (»); (<) OJ No L 264, 23 . 11 . 1972, p. 1 . (*) 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. (10) OJ No L 170, 29 . 6. 1984, p. 46. (*) OI No L 143 , 30 . 5 . 1984, p . 4. m OI No L 113 , 28 . 4. 1984, p. 8 .

1 . 5. 85 No L 118/ 17 Official Journal of the European Communities

Whereas Article 2 of Regulation No 142/67/EEC or more currencies differs from the spot rate by at least provides that the refund may be varied according to a given percentage ; whereas this percentage has been destination where the world market situation or the fixed at 0,5 by Regulation (EEC) No 1813/84 ; specific requirements of certain markets make this necessary ; Whereas where, for one or more months, forward exchange rates are not available, the rate adopted for the previous month or the following month, as the Whereas Article 4 of Regulation (EEC) No 651 /71 case may be, is to be used ; provides for the publication of the amount of the final refund obtained from the conversion into each of the Whereas, for the period 17 to 23 April 1985, for national currencies of the amount of the refund in certain currencies : ECU plus or minus the differential amount ; whereas Article 1 of Regulation (EEC) No 1813/84 (') defined — for the current month, the difference referred to in the elements which determine the differential Article 2 ( 1 ) of Regulation (EEC) No 1569/72 amounts ; whereas these elements are equal to the differs by more than one point from the percen­ incidence on the target price or the refund of the coef­ tage adopted for the previous fixing, ficient derived from the percentage referred to in — for certain following months the difference Article 2 (1 ) of Regulation (EEC) No 1569/72 ; referred to in Article 2 (2) of Regulation (EEC) No whereas, according to these provisions, this percentage 1569/72 exceeds 0,5 % ; whereas this difference in represents : the case of certain forward differential amounts differs by more than one point from the percen­ (a) for those Member States whose currencies are tage adopted for the previous fixing ; maintained as between themselves within a spread at any given moment of 2,25% , the , difference Whereas it follows from applying these provisions to between : the current situation of the oil-seeds market and to the rates or prices of these products that, pursuant to — the conversion rate used under the common Article 4 of Regulation (EEC) No 651 /71 , the amount agricultural policy, and of the refund in ECU and 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 necessary to fix a refund for sunflower seed ; difference between : 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, September and October 1985 applied to the conversion rate resulting from the for colza and rape seed and August and September central rate ; whereas the said Article 2a fixed the coef­ 1985 for sunflower seed will, however, be confirmed or ficient for the beginning of the 1984/85 marketing replaced as from 1 May 1985 to take into account the year ; whereas account should be taken thereof in indicative price which is fixed for these products for respect of colza and rape seed with effect from 1 July the 1985/86 marketing year, and the amount of the 1984, and in respect of sunflower seed with effect from monthly increase for September and October 1985 for 1 August 1984 ; colza and rape seed.

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 determined where the forward exchange rate for one Article 2

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

No L 118/ 18 1 . 5. 85 Official Journal of the European Communities

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

Done at Brussels, 30 April 1985.

For the Commission Frans *ANDRIESSEN Vice-President

ANNEX

to the Commission Regulation of 30 April 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) 8,000 8,000 2,150 (>) 2,150 (») 2,670 (') 3,190 O 2. Final refunds l l

Seeds harvested and exported from : \ \

— Federal Republic of Germany (DM) 22,03 22,03 8,11 (') 8,38 (') 9,63 (•) 11,70 0 — Netherlands (Fl) 24,82 24,82 9,10 (') 9,39 (') 10,79 (') 13,03 0 — BLEU (Bfrs/Lfrs) 371,29 371,29 99,79 (') 98,09 (') 122,22 (') 133,63 O — France (FF) 44,65 44,65 3,81 (') 2,60 (') 6,17 (') 9,76 (') — Denmark (Dkr) 67,32 67,32 18,09 (') 18,09 (') 22,47 (') 25,94 O — Ireland (£ Irl) 6,001 6,001 1,606 (') 1,527 (') l,917 (l) 1,734 O — United Kingdom (£) 5,241 5,241 1,622 (•) 1,622 (') 1,944 O 1,972 0 — Italy (Lit) 9 109 9 104 399 (') 83 0 828 0 574 O — Greece (Dr) 278,66 278,66 0,00 (') 0,00 (') 0,00 o 0,00 o

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