31989R0514

1 . 3 . 89 Official Journal of the European Communities No L 58/23

COMMISSION REGULATION (EEC) No 514/89 of 28 February 1989 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 the latest Commission proposals to the Council on prices Having regard to the Treaty establishing the European and related measures ; Economic Community,

Having regard to the Act of Accession of Spain and Whereas Article 28 of Regulation No 136/66/EEC Portugal, 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 2210/88 (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 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 (*), 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 (,3) ; of 11 June 1985 fixing the conversion rates to be applied in agriculture (*), as last amended by Regulation (EEC) No 275/89 (0, 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 f), 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 Q, 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 for colza and tape Whereas the target price and the monthly increases in the seed which arises from the system of maximum guaran­ target price for colza, rape and sunflower seed for the teed quantities for the 1988/89 marketing year has been 1988/89 marketing year were fixed by Council Regula­ fixed by Commission Regulation (EEC) No 2761 /88 (14) ; tions (EEC) No 2213/88 (") and (EEC) No 2214/88 (12) ;

(') OJ No 172, 30. 9. 1966, p. 3025/66. Whereas Article 1 of Commission Regulation (EEC) No (2) OJ No L 197, 26. 7. 1988, p. 1 . 651 /71 of 29 March 1971 on certain detailed rules for the (3) OJ No 125, 26. 6. 1967, p. 2461 /67. application of export refunds on oil seeds (,5) as last 0 OJ No L 291 , 19. 11 . 1979, p. 17. (4 OJ No L 164, 24. 6. 1985, p. 11 . amended by Regulation (EEC) No 1815/84 (l6) provides 0 OJ No L 32, 3. 2. 1989, p. 8. that the amount of the refund must be calculated on the 0 OJ No L 167, 25. 7. 1972, p. 9. (8) OJ No L 197, 26. 7. 1988, p. 10. O OJ No L 213, 11 . 8. 1975, p. 1 . (") OJ No L 53, 1 . 3. 1986, p. 55. H OJ No L 252, 3. 9. 1987, p. 6. ('«) OJ No L 247, 6. 9. 1988 , p. 7. (") OJ No L 197, 26. 7. 1988, p. 6. H OJ No L 75, 30. 3. 1971 , p. 16. H OJ No L 197, 26. 7. 1988 , p. 8 . H OJ No L 170, 29 . 6. 1984, p. 46.

No L 58/24 Official Journal of the European Communities 1 . 3 . 89

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 1 569/72 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 11 02/84 ('); Whereas it follows from applying these provisions to the current situation of the oil-seeds market and to the rates or prices of these products that, pursuant to Article 4 of Whereas Article 2 of Regulation No 142/67/EEC provides Regulation (EEC) No 651 /71 , the amount of the refund in that the refund may be varied according to destination ECU and the amount of the final refund in each of the where the world market situation or the specific require­ national currencies must, in the case of colza and rape ments of certain markets make this necessary ; seed, be fixed in accordance with the Annex to this Regu­ lation ; whereas it is not necessary to fix a refund for sunflower seed ; Whereas Article 4 of Regulation (EEC) No 651 /71 provides for the publication of the amount of the final Whereas Article 13 of Regulation (EEC) No 2041 /75 refund obtained from the conversion into each of the makes provision for the period of validity of certificates national currencies of the amount of the refund in ECU fixing refunds in advance to be reduced if the market plus or minus the differential amount ; whereas Article 1 situation warrants ; whereas in the interests of sound of Commission Regulation (EEC) No 1813/84 (2), as last market management a reduction should be made ; amended by Regulation (EEC) No 2138/87 (3), defined the elements which determine the differential amounts ; whereas these elements are equal to the incidence on the Whereas the measures provided for in this Regulation are target price reduced by 7,5 % or the refund of the coeffi­ in accordance with the opinion of the Management cient derived from the percentage referred to in Article 2 Committee for Oils and Fats, ( 1 ) of Regulation (EEC) No 1569/72 ; whereas, according to these provisions, this percentage represents :

(a) for those Member States whose currencies are main­ HAS ADOPTED THIS REGULATION : tained as between themselves within a spread at any given moment of 2,25 % , the difference between :

— the conversion rate used under the common agri­ Article 1 cultural policy, and

— the conversion rate resulting from the central rate,

1 . In the case of colza and rape seed, the amounts of (b) for the other Member States, the difference between : the refund referred to in Article 4 ( 1 ) of Regulation (EEC) No 651 /71 shall be as set out in the Annex hereto. — the relationship between the conversion rate used under the common agricultural policy for the 2. There shall be no refund on sunflower seed. currency of the Member State concerned and the central rate of each of the currencies of the Member States referred to in (a), and 3. Certificates fixing the export refund in advance shall be valid from their date of issue until the end of the follo­ — the spot market rate for the currency of the wing month. Member State in question in relation to each of the currencies of the Member States referred to in (a), as recorded over a period to be determined ; Article 2 (') OJ No L 113, 28 . 4. 1984, p. 8 . 0 OJ No L 170, 29 . 6. 1984, p. 41 . (3) OJ No L 200, 21 . 7. 1987, p. 9 . This Regulation shall enter into force on 1 March 1 989.

1 . 3 . 89 Official Journal of the European Communities No L 58/25

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

Done at Brussels, 28 February 1989 .

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 28 February 1989 fixing the export refunds on oil seeds

(amounts per 100 kilograms) Current 1st period 2nd period 3rd period 4th period 5th period 3 4 5 6 7 8 1 . Gross refunds (ECU) : I \ I \

16,280 16,598 — — — — — Spain 20,440 20,758 — — • — _ — Portugal — other Member States — — — — 17,000 17,318 2. Final refunds : \ \ I Seeds harvested and exported from : \

40,60 41,35 — — — — — Federal Republic of Germany (DM) — — — — — Netherlands (Fl) 45,21 46,05 — — — — BLEU (Bfrs/Lfrs) 820,88 836,23 122,76 125,17 — — — — — France (FF) — — — — — Denmark (Dkr) 148,27 151,08 13,651 13,920 — — — — — Ireland (£ Irl) 10,904 — — — — — United Kingdom (£) 10,689 26 350 26 870 — — — ■ — — Italy (Lit) — — — — — Greece (Dr) 1 808,47 1 858,09 2 744,74 2 793,78 — — - — ■ — — Spain (Pta) 3 758,69 3 818,47 — — — — — Portugal (Esc)