31986R0892

27 . 3 . 86 Official Journal of the European Communities No L 82/31

COMMISSION REGULATION (EEC) No 892/86 of 26 March 1986 fixing the export refunds on oil seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, than the latter ; whereas Article 21 of Regulation No 136/66/EEC provides that, at present, Article 28 of that Having regard to the Treaty establishing the European Regulation applies only to colza, rape and sunflower seeds : Economic Community,

Having regard to the Act of Accession of Spain and Portugal, Whereas the refund for colza and rape seeds produced in Spain or Portugal is adjusted in accordance with Council Regulation (EEC) No 478/86 (12) ; Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 3768/85 (2), 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 142/67/EEC of 21 June 1967 on export refunds on colza, rape and which are representative from the point of view of proces­ sunflower seeds (3), as last amended by Regulation (EEC) sing and exportation ; the most favourable quotations recorded on the various markets of importing third coun­ No 2429/72 (4), and in particular the first sentence of tries and costs incurred in placing the goods on the world Article 2 (3) thereof, 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 (EEC) No 1678/85 prices within the Community for the oil seeds referred to of 11 June 1985 fixing the conversion rates to be applied in Article 21 of Regulation No 136/66/EEC and the in agriculture (*), as last amended by Regulation (EEC) No future trend of these prices ; whereas, furthermore, 3772/85 («), account should be taken of the economic aspect of the proposed exports and the situation in the Community Having regard to Council Regulation (EEC) No 1569/72 regarding the supply of and demand for these seeds ; of 20 July 1972 laying down special measures for colza, rape and sunflower seed (*), as last amended by Regulation (EEC) No 1474/84 (8), and . in particular Article 2 (3) Whereas in the absence of a target price for colza and thereof, rape seed for the 1985/86 marketing year and of an amount for the monthly increases applicable in May and Having regard to the opinion of the Monetary Committee, June 1986 for colza and rape seed, in cases of advance fixing for the months of April, May and June 1986 of the Whereas the target price and the monthly increases in the refund on these products it has been possible only to target price for sunflower seed for the 1985/86 marketing make a provisional calculation using the target price and year were fixed by Regulations (EEC) No 1489/85 (9) and monthly increase proposed by the Commission to the (EEC) No 1490/85 (10) ; whereas the target price for colza, Council for the 1985/86 marketing year ; whereas there­ rape and sunflower seed in Spain and in Portugal was fore such refund amounts must be applied only provisio­ fixed by Regulation (EEC) No 454/86 (u) ; nally and confirmed or altered when the target price for the 1985/86 marketing year is known ; Whereas Article 28 of Regulation No 136/66/EEC provides that a refund may be granted on exports to third countries of oil seeds harvested within the Community ; Whereas in the absence of a target price for colza and whereas the amount of this refund may not exceed the rape seed for the 1986/87 marketing year, in cases of difference between prices within the Community and advance fixing for the months of July, August and prices on the world market where the former are higher September 1986 of the refund on these products, it has been possible only to make a provisional calculation using the target price and the monthly increase proposed (') OJ No 172, 30 . 9 . 1966, p. 3025/66. (2) OJ No L 362, 31 . 12. 1985, p. 8 . by the Commission to the Council for the 1986/87 (3) OJ No 125, 26. 6. 1967, p. 2461 /67. marketing year ; whereas therefore such refund amounts (4) OJ No L 264, 23 . 11 . 1972, p. 1 . must be applied only provisionally and confirmed or Is) OJ No L 164, 24. 6. 1985, p. 11 . altered when the target price for the 1986/87 marketing (6) OJ No L 362, 31 . 12. 1985, p. 24. 0 OJ No L 167, 25. 7 . 1972, p. 9 . year and the amount for the monthly increases are (8) OJ No L 143 , 30 . 5. 1984, p. 4. known ; (») OJ No L 151 , 10 . 6 . 1985, p. 13 . (10) OJ No L 151 , 10 . 6. 1985, p. 14. (") OJ No L 53 , 1 . 3 . 1986, p. 6. (12) OJ No L 53, 1 . 3 . 1986, p. 55.

No L 82/32 Official Journal of the European Communities 27 . 3 . 86

Whereas Article 1 of Commission Regulation (EEC) No currency of the Member State concerned and the 651 /71 of 29 March 1971 on certain detailed rules for the central rate of each of the currencies of the application of export refunds on oil seeds (') as last Member States referred to in (a), and amended by Regulation (EEC) No 1815/84 (2), provides — the spot market rate for the Currency of the that the amount of the refund must be calculated on the Member State in question in relation to each of basis of the weight of exported seeds ; whereas this weight the currencies of the Member States referred to in must be adjusted to take account of any differences (a), as recorded over a period to be determined ; between the percentages of moisture and impurities found to exist and those used to define the standard quality for which the target price is fixed ; whereas, when this adjust­ Whereas, however, pursuant to Article 2a of Regulation ment is being made, the weight of the exported seeds (EEC) No 1569/72, the monetary disparity for the marke­ must be increased by the amount of the difference ting years 1984/85 to 1986/87 will be calculated by a between the actual moisture and impurities content and method which takes into account a coefficient applied to that used to define the standard quality if the former is the conversion rate resulting from the central rate ; lower than the latter ; whereas, if the opposite applies, the whereas Regulation (EEC) No 2679/85 (*) fixed the coeffi­ weight of the exported seeds must be reduced by the cient ; same amount ; Whereas pursuant to Article 2 (2) of Regulation (EEC) No 1569/72 forward differential amounts are to be deter­ Whereas the standard quality referred to above was mined where the forward exchange rate for one or more defined in Article 2 of Council Regulation (EEC) No currencies differs from the spot rate by at least a given 1102/84 (3) ; 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 Whereas Regulation (EEC) No 1813/84 specifies the spot that the refund may be varied according to destination and forward exchange rates and the period to be used for where the world market situation or the specific require­ calculating the differential amounts ; whereas in cases ments of certain markets make this necessary ; where, for one or more months, quotations of forward exchange rates are not available, the rates adopted for the previous months or the following months, as the case may Whereas Article 4 of Regulation (EEC) No 651 /71 be, must be used ; provides for the publication of the amount of the final refund obtained from the conversion into each of the Whereas it follows from applying these provisions to the national currencies of the amount of the refund in ECU current situation of the oil-seeds market and to the rates plus or minus the differential amount ; whereas Article 1 or prices of these products that, pursuant to Article 4 of of Regulation (EEC) No 1813/84 (4) defined the elements Regulation (EEC) No 651 /71 , the amount of the refund in which determine the differential amounts ; whereas these ECU and the amount of the final refund in each of the elements are equal to the incidence on the target price or national currencies must, in the case of colza and rape the refund of the coefficient derived from the percentage seed, be fixed in accordance with the Annex to this Regu­ referred to in Article 2 (1 ) of Regulation (EEC) No lation ; whereas it is not necessary to fix a refund for 1 569/72 ; whereas, according to these provisions, this sunflower seed ; percentage represents :

Whereas the measures provided for in this Regulation are (a) for those Member States whose currencies are main­ in accordance with the opinion of the Management tained as between themselves within a spread at any Committee for Oils and Fats, 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 1 . In the case of colza and rape seed, the amounts of the refund referred to in Article 4 ( 1 ) of Regulation (EEC) No 651 /71 shall be as set out in the Annex hereto. (') OJ No L 75, 30 . 3 . 1971 , p. 16. (2) OJ No L 170, 29 . 6 . 1984, p. 46. (3) OJ No L 113, 28 . 4. 1984, p. 8 . (4) OJ No L 170, 29 . 6. 1984, p. 41 . O OJ No L 254, 25. 9 . 1985, p. 14.

27 . 3 . 86 Official Journal of the European Communities No L 82/33

2. In cases of advance fixing of the refund on colza and price set for these products for the 1986/87 marketing rape seed for the months of April , May and June 1986 the year and of the amount of the monthly increase for amount will however be confirmed or altered with effect September 1986 . from 1 April 1986 on the basis of the target price set for these products for the 1985 /86 marketing year and of the 4 . There shall be no refund on sunflower seed . amount for the monthly increases applicable in May and June 1986 on colza and rape seed .

3 . In cases of advance fixing of the refund on colza and Article 2 rape seed for the months of July, August and September 1986 the amount will however be confirmed or altered with effect from 1 April 1986 on the basis of the target This Regulation shall enter into force on 1 April 1986.

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

Done at Brussels, 26 March 1986 . For the Commission Frans ANDRIESSEN Vice-President

ANNEX

to the Commission Regulation of 26 March 1986 fixing the export refunds on colza and rape seed

(amounts per 100 kilograms) Current 2nd month (') 3rd month (') 4th month (2) 5th month (2) 6th month (2) month (')

1 . Gross refunds (ECU ): — Spain 1 8,870 18,870 18,870 15,320 15,320 15,816 — Portugal 25,00 25,00 25,00 20,84 20,84 21,336 — other Member States 25,00 25,00 25,00 20,84 20,84 21,336

2 . Final refunds : Seeds harvested and exported from : l\I 61,36 61,36 61,39 51,62 51,62 53,30 — Federal Republic of Germany ( DM) — Netherlands (Fl) 69,14 69,14 69,14 58,14 58,14 59,96 1 160,30 1 160,30 1 160,30 966,22 966,22 981,75 — BLEU ( Bfrs/ Lfrs) 172,34 172,34 171,95 142,09 142,09 142,98 — France (FF) — Denmark (Dkr) 210,37 210,37 210,37 175,37 175,37 179,01 18,753 1 8,753 18,749 15,385 15,385 15,636 — Ireland (£ Irl) 1 3,927 13,927 13,927 11,354 11,354 11,488 — United Kingdom (£) 35 097 35 094 34 894 28 537 28 537 28 575 — Italy (Lit) — Greece (Dr) 1 532,32 1 532,32 1 494,01 1 034,77 1 034,77 961,59 2 729,88 2 729,88 2 729,88 2 217,33 2 217,33 2 234,40 — Spain (Pta) 3 767,54 3 722,09 3 630,01 2 958,56 2 958,56 2 898,36 — Portugal (Esc)

(') 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.