31987R1204

1 . 5 . 87 Official Journal of the European Communities No L 115/ 19

COMMISSION REGULATION (EEC) No 1204/87 of 30 April 1987 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 Regulation applies only to colza, rape and sunflower Having regard to the Treaty establishing the European 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 (u) ; 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 1454/86 (2), Whereas Article 3 of Regulation No 14.2/67/EEC provides that when the refund is being calculated account must be Having regard to Council Regulation No 142/67/EEC of taken of prices ruling on the various Community markets 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 No 2429/72 (4), and in particular the first sentence of recorded on the various markets of importing third coun­ Article 2 (3) thereof, 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 (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 (i), as last amended by Regulation (EEC) No future trend of these prices ; whereas, furthermore, 409/87 («), 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 1569/72 of 20 July 1972 laying down special measures for colza, rape and sunflower seed Q, as last amended by Regulation (EEC) No 1474/84 (8), and in particular Article 2 (3) thereof, Whereas, in the absence of a target price for colza and rape for the 1987/88 marketing year, in cases of advance fixing for July, August, September and October 1987 of Having regard to the opinion of the Monetary Committee, the refund on these products it has been possible only to make a provisional calculation using the target price proposed by the Commission to the Council for the Whereas the target price and the monthly increases in the 1987/88 marketing year ; whereas therefore such refund target price for colza, rape and sunflower seed for the amounts must be applied only provisionally and 1986/87 marketing year were fixed by Council Regula­ confirmed or altered when the target price for the tions (EEC) No 1457/86 (9) and (EEQ No 1458/86 (10) ; 1987/88 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 the estimated production of colza and rape seed whereas the amount of this refund may not exceed the for the 1987/88 marketing year has not been fixed ; difference between prices within the Community and whereas the amount to be deducted where appropriate, prices on the world market where the former are higher from the subsidy in compliance with the system of maximum guaranteed quantities referred to in Article 27a (>) OJ No 172, 30 . 9 . 1966, p. 3025/ 66 . of Regulation No 136/66/EEC and its effect on the (2) OJ No L 133, 21 . 5 . 1986, p . 8 . amount of the refund could therefore not be determined ; (3) OJ No 125, 26. 6 . 1967, - p . 2461 /67. whereas the amounts of the refund should therefore only (4) OJ No L 264, 23 . 11 . 1972, p. 1 . be applied on a temporary basis and should be confirmed Is) OJ No L 164, 24. 6. 1985, p. 11 . or replaced once the effects of the system of maximum («) OJ No L 44, 13 . 2. 1987, p. 1 . 0 OJ No L 167, 25. 7. 1972, p. 9 . guaranteed quantities for rape seed are known ; (8) OJ No L 143, 30 . 5. 1984, p. 4. O OJ No L 133 , 21 . 5 . 1986, p . 12. n OJ No L 133 , 21 . 5 . 1986 , p . 14. (") OJ No L 53 , 1 . 3 . 1986, p. 55.

No L 115/20 Official Journal of the European Communities 1 . 5 . 87

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 that the amount of the refund must be calculated on the — the spot market rate for the currency of 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 Commission Regulation (EEC) No 91 /87 (^- fixed weight of the exported seeds must be reduced by the the coefficient ; 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 (14) ; 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 national currencies of the amount of the refund in ECU Whereas it follows from applying these provisions to the current situation of the oil-seeds market and to the rates plus or minus the differential amount ; whereas Article 1 of Commission Regulation (EEC) No 1813/84 (4), as last or prices of these products that, pursuant to Article 4 of amended by Regulation (EEC) No 3891 /86 (*), defined the Regulation (EEC) No 651 /71 , the amount of the refund in elements which determine the differential amounts ; ECU and the amount of the final refund in each of the whereas these elements are equal to the incidence on the national currencies must, in the case of colza and rape target price or the refund of the coefficient derived from seed, be fixed in accordance with the Annex to this Regu­ the percentage referred to in Article 2 ( 1 ) of Regulation lation ; whereas it is not necessary to fix a refund for (EEC) No 1569/72 ; whereas, according to these provi­ sunflower seed ; sions, this 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 the other Member States, the difference 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) (') OJ No L 75, 30 . 3 . 1971 , p. 16 . No 651 /71 shall be as set out in the Annex hereto . (2) OJ No L 170 , 29 . 6. 1984, p. 46 . (3) OJ No L 113, 28 . 4. 1984, p. 8 . O OJ No L 170, 29 . 6 . 1984, p . 41 . O OJ No L 361 , 20 . 12. 1986, p. 27. («) OJ No L 13 , 15. 1 . 1987, p. 13 .

1 . 5 . 87 No L 115/21 Official Journal of the European Communities

2. In cases of advance fixing of the refund on colza and priate, of the effects of the application of the system of rape seed for July, August, September and October 1987 maximum guaranteed quantities for colza and rape seed. the amount will however be confirmed or altered with effect from 1 May 1987 on the basis of the target price 4. There shall be no refund on sunflower seed . and connected measures set for these products for the 1987/88 marketing year for colza and rape seed.

3. In cases of advance fixing of the refund on colza and Article 2 rape seed- for July, August, September and October 1987, the amount shall however be confirmed or altered with effect from 1 May 1987 to take account, where appro­ This Regulation shall enter into force on 1 May 1987.

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

Done at Brussels, 30 April 1987.

For the Commission Frans ANDRIESSEN Vice-President

ANNEX

to the Commission Regulation of 30 April 1987 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) : — Spain 28,980 28,980 24,502 24,502 24,502 24,502 — Portugal 34,500 34,500 29,282 29,282 29,282 29,282 — other Member States 34,500 34,500 29,282 29,282 29,282 29,282 2. Final refunds : Seeds harvested and exported from : — Federal Republic of Germany (DM) 83,37* 83,37 70,93 71,03 71,03 71,34 — Netherlands (Fl) 93,93 93,93 79,91 80,02 80,02 80,33 — BLEU (Bfrs/Lfrs) 1 609,76 1 609,76 1 365,19 1 364,56 1 364,56 1 359,86 — France (FF) 234,27 234,27 196,97 196,51 196,51 197,19 — Denmark (Dkr) 289,91 289,91 245,35 245,35 245,35 243,60 25,685 25,6# 5 21,600 21,439 21,439 21,346 — Ireland (£ Irl) 19,084 19,084 15,812 15,812 15,812 15,690 — United Kingdom (£) 51 392 51 390 43 230 43 361 43 361 43 117 — Italy (Lit) 3 181,46 3 157,86 2521,11 2 506,86 2 506,86 2 441,37 — Greece (Dr) — Spain (Pta) 3 947,68 3 947,68 3 267,96 3 264,71 3 264,71 3 204,12 4 803,03 4 797,77 3 971,27 3 960,42 3 960,42 3 883,77 — Portugal (Esc)

(') Subject to the amount to be deducted in accordance with the system of guaranteed maximum quantities and the Council Decision regarding prices and related measures for the 1987/ 88 marketing year.