31988R2375
No L 205/42 Official Journal of the European Communities 30 . !.. 88
COMMISSION REGULATION (EEC) No 2375/88 of 29 July 1988 fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES, the latest Commission proposals to the Council on prices and related measures ; Having regard to the Treaty establishing the European Economic Community, Whereas Article 28 of Regulation No 136/66/EEC Having regard to the Act of Accession of Spain and provides that a refund may be granted on exports to third Portugal, countries of oil seeds harvested within the Community ; whereas the amount of this refund may not exceed the Having regard to Council Regulation No 136/66/EEC of difference between prices within the Community and 22 September 1966 on the establishment of a common prices on the world market where the former are higher organization of the market in oils and fats ('), as last than the latter ; whereas Article 21 of Regulation No amended by Regulation (EEC) No 2210/88 (2), 136/66/EEC provides that, at present, Article 28 of that Regulation applies only to colza, rape and sunflower Having regard to Council Regulation No 142/67/EEC of seeds ; 21 June 1967 on export refunds on colza, rape and sunflower seeds (3), as last amended by the Act of Acces sion of Greece (4), and in particular the first sentence of Whereas the refund for colza and rape seeds produced in Article 2 (3) thereof, Spain or Portugal is adjusted in accordance with Council Regulation (EEC) No 478/86 (13) ; 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 2185/88 (*), 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 2216/88 (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 fixed, account must also be taken of the level of market Having regard to Commission Regulation (EEC) No prices within the Community for the oil seeds referred to 2041 /75 of 25 July 1975 on special detailed rules for the in Article 21 of Regulation No 136/66/EEC and the application of the system of import and export licences future trend of these prices ; whereas, furthermore, and advance fixing certificates for oils and fats (9), as last 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 target price and the monthly increases in the Whereas the abatement of the subsidy which arises, where target price for colza, rape and sunflower seed for the appropriate, from the system of maximum guaranteed 1988/89 marketing year were fixed by Council Regula quantities for the 1988/89 marketing year, has not, to tions (EEC) No 2213/88 (») and (EEC) No 2214/88 (,2) ; date, been fixed ; whereas the amount of the refund for the 1988/89 marketing year has been provisionally calcu Whereas, in order to determine the amount of the aid, lated on the basis of an abatement of 4,502 ECU per 100 account should be taken among the calculation factors of kg for colza and rape seed ;
■) OJ No 172, 30. 9 . 1966, p. 3025/66. 2) OJ No L 197, 26. 7. 1988, p. 1 . Whereas Article 1 of Commission Regulation (EEC) No 3) OJ No 125, 26. 6. 1967, p. 2461 /67. 651 /71 of 29 March 1971 on certain detailed rules for the 4) OJ No L 291 , 19 . 11 . 1979, p. 17. 0 OJ No L 164, 24. 6. 1985, p. 11 . application of export refunds on oil seeds (14) as last j OJ No L 195, 23. 7. 1988, p. 1 . amended by Regulation (EEC) No 1 81 5/84 (15) provides ^ OJ No L 167, 25. 7. 1972, p. 9 . that the amount of the refund must be calculated on the 8) OJ No L 197, 26. 7. 1988 , p. 10. ») OJ No L 213, 11 . 8 . 1975, p. 1 . 10) OJ No L 252, 3. 9. 1987, p. 6. H OJ No L 53, 1 . 3. 1986, p. 55. ") OJ No L 197, 26. 7. 1988, p. 6. H OJ No L 75, 30. 3. 1971 , p. 16. 12 OJ No L 197, 26. 7. 1988, p. 8 . H OJ No L 170, 29. 6. 1984, p. 46.
30 . 7 . 88 Official Journal of the European Communities No L 205/43
basis of the weight of exported seeds ; whereas this weight Whereas pursuant to Article 2 (2) of Regulation (EEC) No must be adjusted to take account of any differences 1569/72 forward differential amounts are to be deter between the percentages of moisture and impurities found mined where the forward exchange rate for one or more to exist and those used to define the standard quality for currencies differs from the spot rate by at least a given which the target price is fixed ; whereas, when this adjust percentage ; whereas this percentage has been fixed at 0,5 ment is being made, the weight of the exported seeds by Regulation (EEC) No 1813/84 ; must be increased by the amount of the difference between the actual moisture and impurities content and Whereas Regulation (EEC) No 1813/84 specifies the spot that used to define the standard quality if the former is and forward exchange rates and the period to be used for lower than the latter ; whereas, if the opposite applies, the calculating the differential amounts ; whereas in cases weight of the exported seeds must be reduced by the where, for one or more months, quotations of forward same amount ; 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 the standard quality referred to above was defined in Article 2 of Council Regulation (EEC) No Whereas it follows from applying these provisions to the 1 1 02/84 ('); current situation of the oil-seeds market and to the rates or prices of these products that, pursuant to Article 4 of Regulation (EEC) No 651 /71 , the amount of the refund in Whereas Article 2 of Regulation No 142/67/EEC provides ECU and the amount of the final refund in each of the that the refund may be varied according to destination national currencies must, in the case of colza and rape where the world market situation or the specific require seed, be fixed in accordance with the Annex to this Regu ments of certain markets make this necessary ; lation ; whereas it is not necessary to fix a refund for 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 miflus 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 ( 1 ) 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 Article 1 given moment of 2,25 % , the difference between :
— the conversion rate used under the common agri 1 . In the case of colza and rape seed, the amounts of cultural policy, and the refund referred to in Article 4 (1 ) of Regulation (EEC) No 651 /71 shall be as set out in the Annex hereto. — the conversion rate resulting from the central rate,
2. There shall be no refund on sunflower seed. (b) for the other Member States, the difference between :
3 . Certificates fixing the export refund in advance shall — the relationship between the conversion rate used be valid from their date of issue until the end of the follo under the common agricultural policy for the wing month. currency of the Member State concerned and the central rate of each of the currencies of the 4. However, the amount of the export refund for colza Member States referred to in (a), and and rape seeds shall be confirmed or replaced with effect — the spot market rate for the currency of the from 1 August 1988 to take account, where applicable, of Member State in question in relation to each of the consequences of the application of the maximum the currencies of the Member States referred to in garanteed quantities system. (a), as recorded over a period to be determined ;
Article 2 (') OJ No L 113, 28 . 4. 1984, p. 8 . (2) OJ No L 170, 29. 6. 1984, p. 41 . 0 OJ No L 200, 21 . 7. 1987, p. 9 . This Regulation shall enter into force on 1 August 1988 .
No L 205/44 Official Journal of the European Communities 30 . 7 . 88
This Regulation shall be binding in its entirety and directly applicable in -all Member States.
Done at Brussels, 29 July 1988 .
For the Commission Frans ANDRIESSEN Vice-President
ANNEX
to the Commission Regulation of 29 July 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 8 0 9 (') 10 11 12 1
1 . Gross refunds (ECU): — Spain 5,342 5,342 -—Portugal 9,502 9,502 — other Member States 5,000 5,000 2. Final refunds : Seeds harvested and exported from : — Federal Republic of Germany (DM) 12,45 12,45 — Netherlands (Fl) 13,53 13,53 — BLEU (Bfrs/Lfrs) 233,15 233,15 — France (FF) 25,17 25,17 — Denmark (Dkr) 38,09 38,09 — Ireland (£ Irl) 2,776 2,776 — United Kingdom (£) 0,705 0,705 — Italy (Lit) 3 824 3 824 — Greece (Dr) 0,00 0,00 — Spain (Pta) 819,98 819,98 — Portugal (Esc) 1 053,02 1 052,85
(') Subject to the reduction resulting from the maximum guaranteed quantities system.