31985R3357
30 . 11 . 85 Official Journal of the European Communities No L 321 /25
COMMISSION REGULATION (EEC) No 3357/85 of 29 November 1985 fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 136/66/EEC provides that, at present, Article 28 of that Regulation applies only to colza, rape and sunflower seeds ; Having regard to the Treaty establishing the European Economic Community, Whereas Article 3 of Regulation No 142/67/EEC provides that when the refund is being calculated account must be Having regard to Council Regulation No 136/66/EEC of taken of prices ruling on the various Community markets 22 September 1966 on the establishment of a common which are representative from the point of view of proces organization of the market in oils and fats ('), as last sing and exportation ; the most favourable quotations amended by Regulation (EEC) No 231 /85 (2), recorded on the various markets of importing third coun tries and costs incurred in placing the goods on the world market ; whereas, when the amount of the refund is being Having regard to Council Regulation No 142/67/EEC of fixed, account must also be taken of the level of market 21 June 1967 on export refunds on colza, rape and prices within the Community for the oil seeds referred to sunflower seeds (3), as last amended by Regulation (EEC) in Article 21 of Regulation No 136/66/EEC and the No 2429/72 (4), and in particular the first sentence of future trend of these prices ; whereas, furthermore, Article 2 (3) thereof, account should be taken of the economic aspect of the proposed exports and the situation in the Community regarding 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 applied in agriculture (*), as last amended by Regulation (EEC) No Whereas, in the absence of the target price for the 1297/85 (*), 1985/86 marketing year for colza and rape seed and in the absence of the amount of the monthly increase for January, February, March, April and May 1986 for colza Having regard to Council Regulation (EEC) No 1569/72 and rape seed, the amount of the refunds in the case of of 20 July 1972 laying down special measures for colza, advance fixing for December 1985, January, February, rape and sunflower seed f), as last amended by Regulation March, April and May 1986 for colza and rape seed has (EEC) No 1474/84 (8), and in particular Article 2 (3) been obtainable only provisionally on the basis of the thereof, target price and the monthly increase proposed by the Commission to the Council for the marketing year 1985/86 ; whereas this amount may, therefore, be applied Having regard to the opinion of the Monetary Committee, on a temporary basis and should be confirmed or replaced when the indicative price of the 1985/86 marketing year is known ; Whereas the target price and the monthly increases in the target price for sunflower seed for the 1985/86 marketing year were fixed by Regulations (EEC) No 1489/85 (9) and Whereas Article 1 of Commission Regulation (EEC) No (EEC) No 1490/85 (10) ; 651 /71 of 29 March 1971 on certain detailed rules for the application of export refunds on oil seeds (u), as last amended by Regulation (EEC) No 1815/84 (12), provides Whereas . Article 28 of Regulation No 136/66/EEC that the amount of the refund must be calculated on the provides that a refund may be granted on exports to third basis of the weight of exported seeds ; whereas this weight countries of oil seeds harvested within the Community ; must be adjusted to take account of any differences whereas the amount of this refund may not exceed the between the percentages of moisture and impurities found difference between prices within the Community and to exist and those used to define the standard quality for prices on the world market where the former are higher which the target price is fixed ; whereas, when this adjust than the latter ; whereas Article 21 of Regulation No ment is being made, the weight of the exported seeds must be increased by the amount of the difference (') OJ No 172, 30. 9 . 1966, p. 3025/66. between the actual moisture and impurities content and (2) OJ No L 26, 31 . 1 . 1985, p. 12. that used to define the standard quality if the former is (3) OJ No 125, 26. 6. 1967, p. 2461 /67. lower than the latter ; whereas, if the opposite applies, the (<) OJ No L 264, 23 . 11 . 1972, p. 1 . weight of the exported seeds must be reduced by the Is) OJ No L 132, 21 . 5. 1983, p. 33. same amount : I6) OJ No L 137, 27. 5. 1985, p. 1 . 0 OJ No L 167, 25. 7. 1972, p. 9 . (») OJ No L 143, 30 . 5. 1984, p. 4. 0 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. H OJ No L 170, 29 . 6. 1984, p. 46 .
No L 321 /26 Official Journal of the European Communities 30 . 11 . 85
Whereas the standard quality referred to above was Whereas pursuant to Article 2 (2) of Regulation (EEC) No defined in Article 2 of Council Regulation (EEC) No 1569/72 forward differential amounts are to be deter 1102/84 (■); mined 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 fixed at 0,5 by Regulation (EEC) No 1813/84 ; 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 specific require Whereas Regulation (EEC) No 1813/84 specifies the spot ments of certain markets make this necessary ; and forward exchange rates and the period to be used for calculating the differential amounts ; whereas in cases where, for one or more months, quotations of forward exchange rates are not available, the rates adopted for the Whereas Article 4 of Regulation (EEC) No 651 /71 previous months or the following months, as the case may provides for the publication of the amount of the final be, must be used ; refund obtained from the conversion into each of the national currencies of the amount of the refund in ECU Whereas it follows from applying these provisions to the plus or minus the differential amount ; whereas Article 1 current situation of the oil-seeds market and to the rates of Regulation (EEC) No 1813/84 (2) defined the elements or prices of these products that, pursuant to Article 4 of which determine the differential amounts ; whereas these Regulation (EEC) No 651 /71 , the amount of the refund in elements are equal to the incidence on the target price or ECU and the amount of the final refund in each of the the refund of the coefficient derived from the percentage national currencies must, in the case of colza and rape referred to in Article 2 ( 1 ) of Regulation (EEC) No seed, be fixed in accordance with the Annex to this Regu 1569/72 ; whereas, according to these provisions, this lation ; whereas it is not necessary to fix a refund for percentage represents : sunflower seed ;
(a) for those Member States whose currencies are main Whereas the measures provided for in this Regulation are tained as between themselves within a spread at any in accordance with the opinion of the Management given moment of 2,25 % , the difference between : Committee for Oils and Fats,
— the conversion rate used under the common agri cultural policy, and
HAS ADOPTED THIS REGULATION : — the conversion rate resulting from the central rate,
(b) for Italy, the United Kingdom and Greece, the diffe rence between : Article 1
— the relationship between the conversion rate used under the common agricultural policy for the In the case of colza and rape seed, the amounts of the currency of the Member State concerned and the refund referred to in Article 4 ( 1 ) of Regulation (EEC) No central rate of each of the currencies of the 651 /71 shall be as set out in the Annex hereto. Member States referred to in (a), and
The amount of the refunds in the case of advance fixing — the spot market rate for the currency of the for December 1985, January, February, March, April and Member State in question in relation to each of the currencies of the Member States referred to in May 1986 for colza and rape seed will, however, be confirmed or replaced as from 1 December 1985 to take (a), as recorded over a period to be determined ; into account the indicative price which is fixed for these products for the 1985/86 marketing year, and the amount of the monthly increase for January, February, March, Whereas, however, pursuant to Article 2a of Regulation April and March 1986 for colza and rape seed. (EEC) No 1569/72, the monetary disparity for the marke ting years 1984/85 to 1986/87 will be calculated by a No refund is fixed for sunflower seed . method which takes into_account a coefficient applied to the conversion rate resulting from the central rate ; whereas Regulation (EEC) No 2679/85 (3) fixed the coeffi cient ; Article 2
(') OJ No L 113, 28 . 4. 1984, p. 8 . This Regulation shall enter into force on 1 December (2) OJ No L 170, 29 . 6. 1984, p. 41 . 1985 . (3) OJ No L 254, 25 . 9 . 1985, p. 14.
30 . 11 . 85 No L 321 /27 Official Journal of the European Communities
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 29 November 1985 .
For the Commission Frans ANDRIESSEN Vice-President
ANNEX
to the Commission Regulation of 29 November 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) 22,000 22,520 23,040 23,560 24,080 24,080 2. Final refunds Seeds harvested and exported from : ;— Federal Republic of Germany (DM) 54,27 55,51 56,78 58,18 59,42 59,93 — Netherlands (Fl) 61,15 62,55 63,95 65,52 66,92 67,43 — BLEU (Bfrs/Lfrs) 1 021,06 1 045,19 1 069,33 1 092,43 1 116,56 1 108,80 — France (FF) 151,24 154,88 158,11 161,00 . 164,64 164,65 — Denmark (Dkr) 185,13 189,51 193,88 198,26 202,63 202,08 — Ireland (£ Irl) 16,502 16,892 17,278 17,621 18,011 17,894 — United Kingdom (£) 13,585 13,906 14,228 14,550 14,871 14,692 30 581 31 349 31 912 32 483 33 254 33 019 — Italy (Lit) — Greece (Dr) 1 363,57 1 416,79 1 470,00 1 523,22 1 576,44 1 576,44
(') On the basis of the Commission's last proposal concerning the indicative price and subject to confirmation by the Council s decision.