31986R0213
1 . 2. 86 No L 27/25 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 213/86 of 31 January 1986 fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 taken of prices ruling on the various Community markets Having regard to Council Regulation No 136/66/EEC of which are representative from the point of view of proces 22 September 1966 on the establishment of a common sing and exportation ; the most favourable quotations organization of the market in oils and fats ('), as last recorded on the various markets of importing third coun amended by Regulation (EEC) No 3768/85 (2), tries and costs incurred in placing the goods on the world market ; whereas, when the amount of the refund is being fixed, account must also be taken of the level of market Having regard to Council Regulation No 142/67/EEC of 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 1678/85 of 11 June 1985 fixing the conversion rates to be applied in agriculture (*), as last amended by Regulation (EEC) No Whereas, in the absence of the target price for the 3772/85 («), 1985/86 marketing year for colza and rape seed and in the absence of the amount of the monthly increase for March, April, May and June 1986 for colza and rape seed, Having regard to Council Regulation (EEC) No 1569/72 the amount of the refunds in the case of advance fixing of 20 July 1972 laying down special measures for colza, for February, March, April, May and June 1986 for colza rape and sunflower seed Q, as last amended by Regulation and rape seed has been obtainable only provisionally on (EEC) No 1 474/84 (8), and in particular Article 2 (3) the basis of the target price and the monthly increase thereof, proposed by the Commission to the Council for the marketing year 1985/86 ; whereas this amount may, there fore, be applied on a temporary basis and should be Having regard to the opinion of the Monetary Committee, 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, in the absence of the indicative price for the (EEC) No 1490/85 (10) ; 1986/87 marketing year for colza and rape seed, in case of advance fixing for July 1986, the amount of the refund on these products has been obtainable only on the basis of Whereas Article 28 of Regulation No 136/66/EEC the indicative price proposed by the Commission to the provides that a refund may be granted on exports to third Council for the marketing year 1985/86 ; whereas this countries of oil seeds harvested within the Community ; amount may, therefore, be applied on a temporary basis whereas the amount of this refund may not exceed the and should be confirmed or replaced when the indicative difference between prices within the Community and price of the 1986/87 marketing year is known ; prices on the world market where the former are higher than the latter ; whereas Article 21 of Regulation No 136/66/EEC provides that, at present, Article 28 of that Whereas Article 1 of Commission Regulation (EEC) No 651 /71 of 29 March 1971 on certain detailed rules for the (') OJ No 172, 30 . 9 . 1966, p. 3025/66. application of export refunds on oil seeds (u), as last (2) OJ No L 362, 31 . 12. 1985, p. 8 . amended by Regulation (EEC) No 1815/84 (12), provides (3) OJ No 125, 26. 6. 1967, p . 2461 /67. that the amount of the refund must be calculated on the (4) OJ No L 264, 23 . 11 . 1972, p. 1 . 0 OJ No L 164, 24. 6. 1985, p. 11 . basis of the weight of exported seeds ; whereas this weight («) OJ No L 362, 31 . 12. 1985, p. 24. must be adjusted to take account of any differences 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. 12) OJ No L 170, 29 . 6. 1984, p. 46.
No L 27/26 Official Journal of the European Communities 1 . 2. 86
between the percentages of moisture and impurities found Whereas, however, pursuant to Article 2a of Regulation to exist and those used to define the standard quality for (EEC) No 1569/72, the monetary disparity for the marke which the target price is fixed ; whereas, when this adjust ting years 1984/85 to 1986/87 will be calculated by a ment is being made, the weight of the exported seeds method which takes into account a coefficient applied to must be increased by the amount of the difference the conversion rate resulting from the central rate ; between the actual moisture and impurities content and whereas Regulation (EEC) No 2679/85 (3) fixed the coeffi that used to define the standard quality if the former is cient ; lower than the latter ; whereas, if the opposite applies, the weight of the exported seeds must be reduced by the same amount ; Whereas pursuant to Article 2 (2) of Regulation (EEC) No 1569/72 forward differential amounts are to be deter mined where the forward exchange rate for one or more currencies differs from the spot rate by at least a given Whereas the standard quality referred to above was percentage ; whereas this percentage has been fixed at 0,5 defined in Article 2 of Council Regulation (EEC) No by Regulation (EEC) No 1813/84 ; 1102/84 (');
Whereas Regulation (EEC) No 1813/84 specifies the spot and forward exchange rates and the period to be used for Whereas Article 2 of Regulation No 142/67/EEC provides calculating the differential amounts ; whereas in cases that the refund may be varied according to destination where the world market situation or the specific require where, for one or more months, quotations of forward ments of certain markets make this necessary ; exchange rates are not available, the rates adopted for the previous months or the following months, as the case may be, must be used ;
Whereas Article 4 of Regulation (EEC) No 651 /71 provides for the publication of the amount of the final Whereas it follows from applying these provisions to the refund obtained from the conversion into each of the current situation of the oil-seeds market and to the rates national currencies of the amount of the refund in ECU or prices of these products that, pursuant to Article 4 of plus or minus the differential amount ; whereas Article 1 Regulation (EEC) No 651 /71 , the amount of the refund in of Regulation (EEC) No 1813/84 (2) defined the elements ECU and the amount of the final refund in each of the which determine the differential amounts ; whereas these national currencies must, in the case of colza and rape elements are equal to the incidence on the target price or seed, be fixed in accordance with the Annex to this Regu the refund of the coefficient derived from the percentage lation ; whereas it is not necessary to fix a refund for referred to in Article 2 ( 1 ) of Regulation (EEC) No sunflower seed ; 1 569/72 ; whereas, according to these provisions, this percentage represents : Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management (a) for those Member States whose currencies are main Committee for Oils and Fats, tained as between themselves within a spread at any given moment of 2,25 % , the difference between :
— 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 currency of the Member State concerned and the central rate of each of the currencies of the In the case of colza and rape seed, the amounts of the refund referred to in Article 4 (1 ) of Regulation (EEC) No Member States referred to in (a), and 651 /71 shall be as set out in the Annex hereto. — the spot market rate for the currency of the Member State in question in relation to each of The amount of the refunds in the case of advance fixing the currencies of the Member States referred to in for February, March, April, May and June 1986 for colza (a), as recorded over a period to be determined ; and rape seed will, however, be confirmed or replaced as
(') OJ No L 113, 28 . 4. 1984, p. 8 . 0 OJ No L 170, 29 . 6 . 1984, p. 41 . P) OJ No L 254, 25. 9 . 1985, p. 14.
1 . 2. 86 No L 27/27 Official Journal of the European Communities
from 1 February 1986 to take into account the indicative confirmed or replaced as from 1 February 1986 to take price which is fixed for these products for the 1985/86 into account the indicative price which is fixed for these marketing year, and the amount of the monthly increase products for the 1986/87 marketing year. for March, April, May and June 1986 for colza and rape No refund is fixed for sunflower seed . seed .
Article 2 The amount of the refund in the case of advance fixing for July 1986 will, however, for colza and rape seed, be This Regulation shall enter into force on 1 February 1986.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 31 January 1986 . For the Commission Frans ANDRIESSEN Vice-President
ANNEX
to the Commission Regulation of 31 January 1986 fixing the export refunds on colza and rape seed
(amounts per 100 kilograms) Current 2nd month 3rd month 4th month 5th month 6th month month
1 . Gross refunds (ECU) (') 23,000 23,520 24,040 24,040 24,040 19,880 (2)
2. Final refunds (') \\Il
Seeds harvested and exported from : \\l
— Federal Republic of Germany (DM) 56,66 57,90 59,16 59,33 59,33 49,92 (2) 63,84 65,24 66,64 66,82 66,82 56,15 (2) — Netherlands (Fl) — BLEU (Bfrs/Lfrs) 1 067,47 1 091,61 1 115,74 1 114,70 1 114,70 913,85 (2) 158,23 161,88 165,11 164,35 164,35 135,24 (2) — France (FF) 193,54 197,92 202,30 202,30 202,30 166,74 (2) — Denmark (Dkr) 17,253 17,643 18,028 17,980 17,980 14,530 (2) — Ireland (£ Irl) 12,660 12,982 13,304 13,304 13,304 10,551 (2) — United Kingdom (£) 32 060 32 827 33 390 33 191 33 191 26 303 (2) — Italy (Lit) 1 354,63 1 407,85 1 461,07 1 461,07 1 461,07 1 035,31 (2) — Greece (Dr)
(') On the basis of the Commission's proposal concerning the indicative price for the 1985/86 marketing year and subject to confirmation by the Council's decision . (2) Contingent on the Council's decision on prices and related matters for the 1986/87 marketing year.