31988R2706
No L 241 /44 Official Journal of the European Communities 1 . 9 . 88
COMMISSION REGULATION (EEC) No 2706/88 of 31 August 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 (6), 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 (EEC) No 1569/72 of 20 July 1972 laying down special measures for colza, which are representative from the point of view of proces sing and exportation ; the most favourable quotations rape and sunflower seed Q, as last amended by Regulation recorded on the various markets of importing third coun (EEC) No 2216/88 (8), and in particular 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 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 account should be taken of the economic aspect of the amended by Regulation (EEC) No 2662/87 (10), and in proposed exports and the situation in the Community particular Article 13 thereof, 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 target price and the monthly increases in the 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 date, been fixed ; whereas the amount of the refund for tions (EEC) No 2213/88 (") and (EEC) No 2214/88 (l2) ; 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. application of export refunds on oil seeds (H) as last Ó OJ No L 164, 24. 6. 1985, p. 11 . 6) OJ No L 195, 23 . 7. 1988 , p. 1 . amended by Regulation (EEC) No 181 5/84 (15) provides 0 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 . 9) OJ No L 213, 11 . 8 . 1975, p. 1 . ,0) OJ No L 252, 3 . 9 . 1987, p. 6 . (13) 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. ,2) OJ No L 197, 26. 7. 1988 , p. 8 . H OJ No L 170, 29 . 6. 1984, p. 46.
1 . 9 . 88 No L 241 /45 Official Journal of the European Communities
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 defined in Article 2 of Council Regulation (EEC) No current situation of the oil-seeds market and to the rates 1102/84 ('); 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 c^>lza 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 ( 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 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 September 1988 to take account, wjiere applicable, (a), as recorded over a period to be determined ; of the consequences of the application of the maximum garanteed quantities system. 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 . (2) OJ No L 170, 29 . 6. 1984, p. 41 . This Regulation shall enter into force on 1 September (3) OJ No L 200, 21 . 7. 1987, p. 9 . 1988 .
No L 241 /46 1 . 9 . 88 Official Journal of the European Communities
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 August 1988 .
For the Commission Frans ANDRIESSEN Vice-President
ANNEX
to the Commission Regulation of 1 September 1988 fixing the export refunds on colza and rape seed
(amounts per 100 kilograms) Current 1 st period 2nd period 3rd period 4th period 5th period . 9 (') 10 o 11 12 1 2
1 . Gross refunds (ECU) : . 10,342 10,342 — — — — — Spain 14,502 — — — — — Portugal 14,502 — other Member States 10,000 — — — • — 10,000 2. Final refunds : l l I l Seeds harvested and exported from : l l
— — — — — Federal Republic of Germany (DM) 24,16 24,16 — — — — — Netherlands (Fl) 26,72 26,72 — — — — — BLEU (Bfrs/Lfrs) 474,58 474,58 64,43 64,43 — — — — — France (FF) — — — — 1 — Denmark (Dkr) 82,74 82,74 7,145 — — • — — — Ireland (£ Irl) 7,145 4,357 — — — — United Kingdom (£) 4,357 — , 12 450 12 450 — — . — — — Italy (Lit) — — — — — Greece (Dr) 441,47 435,77 — — — — — Spain (Pta) 1 637,64 1 637,64 — — — — — Portugal (Esc) 2 001,67 2 001,67
(') Subject to the reduction resulting from the maximum guaranteed quantities system.