31988R1896
No L 168 /76 Official Journal of the European Communities 1 . 7. 88
COMMISSION REGULATION (EEC) No 1896/88 of 30 June 1988 fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas, in order to determine the amount of the aid, account should be taken among the calculation factors of Having regard to the Treaty establishing the European the latest Commission proposals to the Council on prices Economic Community, and related measures ;
Having regard to the Act of Accession of Spain and Portugal, 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 ; Having regard to Council Regulation No 136/66/EEC of whereas the amount of this refund may not exceed the 22 September 1966 on the establishment of a common difference between prices within the Community and organization of the market in oils and fats ('), as last prices on the world market where the former are higher amended by Regulation (EEC) No 1098/88 (2), than the latter ; whereas Article 21 of Regulation No 136/66/EEC provides that, at present, Article 28 of that Having regard to Council Regulation No 142/67/EEC of Regulation applies only to colza, rape and sunflower 21 June 1967 on export refunds on colza, rape and seeds : sunflower seeds (3), as last amended by the Act of Acces sion of Greece (4), and in particular the first sentence of Article 2 (3) thereof, Whereas the refund for colza and rape seeds produced in Spain or Portugal is adjusted in accordance with Council Having regard to Council Regulation (EEC) No 1678/85 Regulation (EEC) No 478/86 (u); of 11 June 1985 fixing the conversion rates to be applied in agriculture (*), as last amended by Regulation (EEC) No 1 604/8 («), 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 (EEC) No 1569/72 taken of prices ruling on the various Community markets of 20 July 1972 laying down special measures for colza, which are representative from the point of view of proces rape and sunflower seed Q, as last amended by Regulation sing and exportation ; the most favourable quotations (EEC) No 1869/87 (8), and in particular Article 2 (3) recorded on the various markets of importing third coun thereof, tries and costs incurred in placing the goods on the world market ; whereas, when the amount of the refund is being Having regard to Commission Regulation (EEC) No fixed, account must also be taken of the level of market 2041 /75 of 25 July 1975 on special detailed rules for the prices within the Community for the oil seeds referred to application of the system of import and export licences in Article 21 of Regulation No 136/66/EEC and the and advance fixing certificates for oils and fats ('), as last future trend of these prices ; whereas, furthermore, amended by Regulation (EEC) No 2662/87 (10), and in account should be taken of the economic aspect of the particular Article 13 thereof, proposed exports and the situation in the Community regarding the supply of and demand for these seeds ; Having regard to the opinion of the Monetary Committee,
Whereas the abatement of the subsidy which arises, where Whereas the Council has not, to date, adopted the prices appropriate, from the system of maximum guaranteed for the 1988/89 marketing year, which commences on 1 quantities for the 1988/89 marketing year, has not, to July 1988 ; whereas by virtue of the powers conferred on date, been fixed ; whereas the amount of the refund for it by the Treaty, the Commission must adopt the the 1988/89 marketing year has been provisionally calcu measures essential to ensure that the common agricultural lated on the basis of an abatement of 4,502 ECU per 100 policy continues to operate in the oil seeds sector and in kg for colza and rape seed ; particular to ensure that the abovementioned aid conti nues to be granted ; Whereas Article 1 of Commission Regulation (EEC) No (') OJ No 172, 30. 9. 1966, p. 3025/66. 651 /71 of 29 March 1971 on certain detailed rules for the (2) OJ No L 110, 29 . 4. 1988, p. 10. application of export refunds on oil seeds (12) as last 0 OJ No 125, 26. 6. 1967, p. 2461 /67. (4) OJ No L 291 , 19. 11 . 1979, p. 17. amended by Regulation (EEC) No 1815/84 (,3) provides 0 OJ No L 164, 24. 6. 1985, p. 11 . that the amount of the refund must be calculated on the 0 OJ No L 143, 10. 6. 1988, p. 10. 0 OJ No L 167, 25. 7. 1972, p. 9. 8 OJ No L 176, 1 . 7. 1987, p. 30. (") OJ No L 53, 1 . 3. 1986, p. 55. 0 OJ No L 213, 11 . 8. 1975, p. 1 . (I2) OJ No L 75, 30. 3. 1971 , p. 16. (,0) OJ No L 252, 3 . 9. 1987, p. 6. H OJ No L 170, 29. 6. 1984, p. 46.
1 . 7. 88 Official Journal of the European Communities No L 168 /77
basis of the weight of exported seeds ; whereas this weight mined where the forward exchange rate for one or more must be adjusted to take account of any differences currencies differs from the spot rate by at least a given between the percentages of moisture and impurities found percentage ; whereas this percentage has been fixed at 0,5 to exist and those used to define the standard quality for by Regulation (EEC) No 1813/84 ; which the target price is fixed ; whereas, when this adjust ment is being made, the weight of the exported seeds Whereas Regulation (EEC) No 1813/84 specifies the spot must be increased by the amount of the difference and forward exchange rates and the period to be used for between the actual moisture and impurities content and calculating the - differential amounts ; whereas in cases that used to define the standard quality if the former is where, for one or more months, quotations of forward lower than the latter ; whereas, if the opposite applies, the exchange rates are not available, the rates adopted for the weight of the exported seeds must be reduced by the previous months or the following months, as the case may same amount ; be, must be used ;
Whereas the standard quality referred to above was Whereas it follows from applying these provisions to the current situation of the oil-seeds market and to the rates defined in Article 2 of Council Regulation (EEC) No 1102/84 0 ; or prices of these products that, pursuant to Article 4 of Regulation (EEC) No 651 /71 , the amount of the refund in ECU and the amount of the final refund in each of the Whereas Article 2 of Regulation No 142/67/EEC provides national currencies must, in the case of colza and rape that the refund may be varied according to destination seed, be fixed in accordance with the Annex to this Regu where the world market situation or the specific require lation ; whereas it is not necessary to fix a refund for ments of certain markets make this necessary ; sunflower seed ;
Whereas Article 4 of Regulation (EEC) No 651 /71 Whereas Article 13 of Regulation (EEC) No 2041 /75 provides for the publication of the amount of the final makes provision for the period of validity of certificates refund obtained from the conversion into each of the fixing refunds in advance to be reduced if the market national currencies of the amount of the refund in ECU situation warrants ; whereas in the interests of sound plus or minus the differential amount ; whereas Article 1 market management a reduction should be made ; of Commission Regulation (EEC) No 1813/84 (2), as last amended by Regulation (EEC) No 2138/87 (3), defined the Whereas the measures provided for in this Regulation are elements which determine the ~ differential amounts ; in accordance with the opinion of the Management whereas these elements are equal to the incidence on the Committee for Oils and Fats, target price reduced by 7,5 % or the refund of the coeffi cient derived from the percentage referred to in Article 2 (l),of Regulation (EEC) No 1569/72 ; whereas, according to these provisions, this percentage represents : HAS ADOPTED THIS REGULATION : (a) for those Member States whose currencies are main tained as between themselves within a spread at any given moment of 2,25 % , the difference between : Article 1
— the, conversion rate used under the common agri cultural policy, and 1 . In the case of colza and rape seed, the amounts of — the conversion rate resulting from the central rate, the refund referred to in Article 4 (1 ) of Regulation (EEC) No 651 /71 shall be as set out in the Annex hereto. (b) for the other Member States, the difference between : 2. There shall be no refund on sunflower seed . — the relationship between the conversion rate used under the common agricultural policy for the 3 . Certificates fixing the export refund in advance shall currency of the Member State concerned and the be valid from their date of issue until the end of the follo central rate of each of the currencies of the wing month. Member States referred to in (a), and — the spot market rate for the currency of the 4. However, the amount of the export refund for colza Member State in question in relation to each of and rape seeds shall be confirmed or replaced with effect the currencies of the Member States referred to in from 1 July 1988 to take account, where applicable, of the (a), as recorded over a period to be determined ; consequences of the application of the maximum garan teed quantities system and of the prices and related measures for the 1988/89 marketing year. Whereas pursuant to Article 2 (2) of Regulation (EEC) No 1569/72 forward differential amounts are to be deter
Article 2 (') OJ No L 113, 28 . 4. 1984, p. 8 . 0 OJ No L 170, 29. 6. 1984, p. 41 . M OJ No L 200, 21 . 7. 1987, p. 9. This Regulation shall enter into force on 1 July 1988.
No L 168/78 Official Journal of the European Communities 1 . 7. 88
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 June 1988 . For the Commission Frans ANDRIESSEN Vice-President
1 . 7. 88 Official Journal of the European Communities No L 168/79
ANNEX
to the Commission Regulation of 30 June 1988 fixing the export refunds on colza and rape seed (amounts per 100 kilograms) Current 1st period 2nd period 3rd period 4th period 5th period 7 0) 8 0 9 10 11 12
1 . Gross refunds (ECU): 5,342 — _ — _ — Spain 5,342 9,502 — — . — — — Portugal 9,502 — other Member States — — — — 5,000 5,000 2. Final refunds : \ \ \
Seeds harvested and exported from : 12,45 — — — — — Federal Republic of Germany (DM) 12,45 14,39 — _ _ _ — Netherlands (Fl) 14,39 — — — — — BLEU (Bfrs/Lfrs) 233,15 233,15 25,17 — — — — — France (FF) 25,17 38,09 38,09 — — _ — — Denmark (Dkr) 2,776 2,776 — — — — — Ireland (£ Irl) 0,261 — — — — — United Kingdom (£) 0,261 3 824 3 820 — — — — — Italy (Lit) 0,00 0,00 — — — — — Greece (Dr) 819,98 — — — — — Spain (Pta) 819,98 1 682,62 — — — — — Portugal (Esc) 1 702,36
(') Subject to the reduction resulting from the maximum guaranteed quantities system and the prices and related measures for the 1988/89 marketing year.