31985R3039

No L 290/26 Official Journal of the European Communities 1 . 11 . 85

COMMISSION REGULATION (EEC) No 3039/85 of 31 October 1985 fixing the export refunds 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 Having regard to the Treaty establishing the European Community markets which are representative from the Economic Community, point of view of processing and exportation ; the most favourable quotations recorded on the various markets Having regard to Council Regulation No 136/66/EEC of importing third countries and costs incurred in of 22 September 1966 on the establishment of a placing the goods on the world market ; whereas, common organization of the market in oils and fats ('), when the amount of the refund is being fixed, account as last amended by Regulation (EEC) No 231 /85 (2), 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 142/67/EEC 21 of Regulation No 136/66/EEC and the future trend of 21 June 1967 on export refunds on colza, rape and of these prices ; whereas, furthermore, account should sunflower seeds (3), as last amended by Regulation be taken of the economic aspect of the proposed (EEC) No 2429/72 (4), and in particular the first exports and the situation in the Community regarding sentence of Article 2 (3) thereof, the supply of and demand for these seeds ;

Having regard to Council Regulation (EEC) No 1223/83 of 20 May 1983 on the exchange rates to be Whereas, in the absence of the target price for the applied in agriculture (*), as last amended by Regula­ 1985/86 marketing year for colza and rape seed and in tion (EEC) No 1297/85 (% the absence of the amount of the monthly increase for December 1985, January, February, March and April Having regard to Council Regulation (EEC) No 1986 for colza and rape seed, the amount of the 1569/72 of 20 July 1972 laying down special measures refunds in the case of advance fixing for November, for colza, rape and sunflower seed Q, as last amended December 1985, January, February, March and April by Regulation (EEC) No 1474/84 (8), and in particular 1986 for colza and rape seed has been obtainable only Article 2 (3) thereof, provisionally on the basis of the target price and the monthly increase proposed by the Commission to the Having regard to the opinion of the Monetary Council for the marketing year 1985/86 ; whereas this Committee, amount may, therefore, be applied on a temporary basis and should be confirmed or replaced when the Whereas the target price and the monthly increases in indicative price of the 1985/86 marketing year is the target price for sunflower seed for the 1985/86 known : marketing year were fixed by Regulations (EEC) No 1489/85 (9) and (EEC) No 1490/85 (,0) ; Whereas Article 1 of Commission Regulation (EEC) Whereas Article 28 of Regulation No 136/66/EEC No 651 /71 of 29 March 1971 on certain detailed rules provides that a refund may be granted on exports to for the application of export refunds on oil seeds ("), as third countries of oil seeds harvested within the last amended by Regulation (EEC) No 1815/84 (12), Community ; whereas the amount of this refund may provides that the amount of the refund must be calcu­ not exceed the difference between prices within the lated on the basis of the weight of exported seeds ; Community and prices on the world market where the whereas this weight must be adjusted to take account former are higher than the latter ; whereas Article 21 of any differences between the percentages of moisture of Regulation No 136/66/EEC provides that, at and impurities found to exist and those used to define present, Article 28 of that Regulation applies only to the standard quality for which the target price is fixed ; colza, rape and sunflower seeds ; whereas, when this adjustment is being made, the weight of the exported seeds must be increased by the amount of the difference between the actual moisture ') OJ No 172, 30 . 9 . 1966, p. 3025/66. 2) OJ No L 26, 31 . 1 . 1985, p. 12. and impurities content and that used to define the 3) OJ No 125, 26. 6 . 1967, p . 2461 /67. ^ standard quality if the former is lower than the latter ; 4) OJ No L 264, 23 . 11 . 1972, p. 1 . whereas, if the opposite applies, the weight of the j OJ No L 132, 21 . 5. 1983, p. 33. ') OJ No L 137, 27. 5. 1985, p. 1 . exported seeds must be reduced by the same amount ; T) OJ No L 167, 25 . 7. 1972, p . 9 . 8) OJ No L 143 , 30 . 5. 1984, p . 4. 9) OJ No L 151 , 10 . 6 . 1985, p. 13 . (") OJ No L 75, 30 . 3 . 1971 , p. 16. 10) OJ No L 151 , 10 . 6. 1985, p. 14. (12) OJ No L 170, 29 . 6. 1984, p. 46.

1 . 11 . 85 Official Journal of the European Communities No L 290/27

< Whereas the standard quality referred to above was Whereas pursuant to Article 2 (2) of Regulation (EEC) defined in Article 2 of Council Regulation (EEC) No No 1569/72 forward differential amounts are to be 1 102/84 ('); 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 Whereas Article 2 of Regulation No 142/67/EEC fixed at 0,5 by Regulation (EEC) No 1813/84 ; provides that the refund may be varied according to destination where the world market situation or the Whereas Regulation (EEC) No 1813/84 specifies the specific requirements of certain markets make this spot and forward exchange rates and the period to be necessary ; used for calculating the differential amounts ; whereas in cases where, for one or more months, quotations of Whereas Article 4 of Regulation (EEC) No 651 /71 forward exchange rates are not available, the rates provides for the publication of the amount of the final adopted for the previous months or the following refund obtained from the conversion into each of the months, as the case may be, must be used ; national currencies of the amount of the refund in ECU plus or minus the differential amount ; whereas Whereas it follows from applying these provisions to Article 1 of Regulation (EEC) No 1813/84 (2) defined the current situation of the oil-seeds market and to the the elements which determine the differential rates or prices of these products that, pursuant to amounts ; whereas these elements are equal to the Article 4 of Regulation (EEC) No 651 /71 , the amount incidence on the target price or the refund of the coef­ of the refund in ECU and the amount of the final ficient derived from the percentage referred to in refund in each of the national currencies must, in the Article 2 ( 1 ) of Regulation (EEC) No 1569/72 ; case of colza and rape seed, be fixed in accordance whereas, according to these provisions, this percentage with the Annex to this Regulation ; whereas it is not represents : necessary to fix a refund for sunflower seed ;

(a) for those Member States whose currencies are Whereas the measures provided for in this Regulation maintained as between themselves within a spread are in accordance with the opinion of the Management at any given moment of 2,25 % , the difference Committee for Oils and Fats, between :

— the conversion rate used under the common agricultural policy, and HAS ADOPTED THIS REGULATION : — the conversion rate resulting from the central rate,

(b) for Italy, the United Kingdom and Greece, the Article 1 difference between :

— the relationship between the conversion rate In the case of colza and rape seed, the amounts of the used under the common agricultural policy for refund referred to in Article 4 ( 1 ) of Regulation (EEC) the currency of the Member State concerned No 651 /71 shall be as set out in the Annex hereto. and the central rate of each of the currencies of the Member States referred to in (a), and The amount of the refunds in the case of advance — the spot market rate for the currency of the fixing for November, December 1985, January, Member State in question in relation to each of February, March and April 1986 for colza and rape the currencies of the Member States referred to seed will, however, be confirmed or replaced as from 1 in (a), as recorded over a period to be deter­ November 1985 to take into account the indicative mined ; price which is fixed for these products for the 1985/86 marketing year, and the amount of the monthly Whereas, however, pursuant to Article 2a of Regula­ increase for December 1985, January, February, March tion (EEC) No 1569/72, the monetary disparity for the and April 1986 for colza and rape seed. marketing years 1984/85 to 1986/87 will be calculated by a method which takes into account a coefficient No refund is fixed for sunflower seed . applied to the conversion rate resulting from the central rate ; whereas Regulation (EEC) No 2679/85 (3) _ fixed the coefficient ; Article 2

(') OJ No L 113, 28 . 4. 1984, p. 8 . This Regulation shall enter into force on 1 November (2) OJ No L 170, 29 . 6. 1984, p. 41 . 1985 . 3) OJ No L 254, 25. 9 . 1985, p. 14.

No L 290/28 Official Journal of the European Communities 1 . 11 . 85

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

Done at Brussels, 31 October 1985 .

For the Commission Frans ANDRIESSEN Vice-President

ANNEX

to the Commission Regulation of 31 October 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 I

1 . Gross refunds (ECU) 23,000 (') 23,520 (') 24,040 0 24,560 (') 25,080 (') 25,600 (') 2. Final refunds l

Seeds harvested and exported from : \ I l

— Federal Republic of Germany (DM) 56,55 (') 57,79 (') 59,06 0 60,45 (') 61,69 (') 63,42 (') — Netherlands (Fl) 63,72 (') 65,12 (■) 66,52 (') 68,08 (') 69,48 (') 71,36 (■) — BLEU (Bfrs/Lfrs) 1 067,47 (') 1 091,61 (') 1 115,74 (') 1 138,90 (') 1 163,03 (') 1 179,85 (') — France (FF) 158,40 (') 162,04 (') 165,30 (') 168,23 (') 171,87 (') 175,52 (») — Denmark (Dkr) 193,54 (') 197,92 (') 202,30 (') 206,67 (') 211,05 (l) 214,90 (') — Ireland (£ Irl) 17,253 (') 1 7,643 (') 18,029 (') 1 8,374 (') 1 8,764 (') 1 9,044 (') — United Kingdom (£) 1 4,205 (') 14,526 (■) 14,848 (') 15,170 (') 15,491 (') 15,645 (') — Italy (Lit) 32 179 (') 32 947 (■) 33 522 (') 34 105 (') 34 875 (') 35 425 (') — Greece (Dr) 1 516,87 (') 1 570,09 (') 1 623,30 (') 1 676,52 (') 1 729,74 (') 1 782,96 (')

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