31989R1140
29 . 4. 89 Official Journal of the European Communities No L 119/49
COMMISSION REGULATION (EEC) No 1140/89 of 28 April 1989 fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 1988/89 marketing year were fixed by Council Regula tions (EEC) No 2213/88 (,0) and (EEC) No 2214/88 (») ;
Having regard to the Treaty establishing the European Whereas, in order to determine the amount of the aid, Economic Community, account should be taken among the calculation factors of the latest Commission proposals to the Council on prices 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 Having regard to Regulation No 136/66/EEC of the countries of oil seeds harvested within the Community ; Council of 22 September 1966 on the establishment of a whereas the amount of this refund may not exceed the common organization of the market in oils and fats ('), as difference between prices within the Community and last amended by Regulation (EEC) No 2210/88 (2), prices on the world market where the former are higher than the latter ; whereas Article 21 of Regulation No 136/66/EEC provides that, at present, Article 28 of that Having regard to Regulation No 142/67/EEC of the Regulation applies only to colza, rape and sunflower Council of 21 June 1967 on export refunds on colza, rape seeds ; and sunflower seeds (3), as last amended by the Act of Accession of Greece, and in particular the first sentence Whereas the refund for colza and rape seeds produced in of Article 2 (3) thereof, Spain or Portugal is adjusted in accordance with Council Regulation (EEC) No 478/86 (12);
Having regard to Council Regulation (EEC) No 1678/85 Whereas Article 3 of Regulation No 142/67/EEC provides of 11 June 1985 fixing the conversion rates to be applied that when the refund is being calculated account must be in agriculture (4), as last amended by Regulation (EEC) No taken of prices ruling on the various Community markets 1129/89 0, which are representative from the point of view of proces sing and exportation ; the most favourable quotations recorded on the various markets of importing third coun Having regard to Regulation (EEC) No 1569/72 of the tries and costs incurred in placing the goods on the world Council of 20 July 1972 laying down special measures for market ; whereas, when the amount of the refund is being colza, rape and sunflower seed (*), as last amended by fixed, account must also be taken of the level of market Regulation (EEC) No 2216/88 f7), and in particular Article prices within the Community for the oil seeds referred to 2 (3) thereof, in Article 21 of Regulation No 136/66/EEC and the future trend of these prices ; whereas, furthermore, Having regard to Regulation (EEC) No 2041 /75 of the account should be taken of the economic aspect of the proposed exports and the situation in the Community Commission of 25 July 1975 on special detailed rules for regarding the supply of and demand for these seeds ; the application of the system of import and export licences and advance fixing certificates for oils and fats (8), as last amended by Regulation (EEC) No 2662/87 (?), and Whereas the abatement of the subsidy for colza and rape in particular Article 13 thereof, seed which arises from the system of maximum guaran teed quantities for the 1988/89 marketing year has been fixed by Commission Regulation (EEC) No 2761 /88 (13) ; Having regard to the opinion of the Monetary Committee, Whereas Article 1 of Regulation (EEC) No 651 /71 of the Commission of 29 March 1971 on certain detailed rules Whereas the target price and the monthly increases in the for the application of export refunds on oil seeds (14), as target price for colza, rape and sunflower seed for the last amended by Regulation (EEC) No 1815/84 (15), provides that the amount of the refund must be calculated (') OJ No 172, 30. 9. 1966, p. 3025/66. on the basis of the weight of exported seeds ; whereas this I1) OJ No L 197, 26. 7. 1988, p. 1 . (3) OJ No 125, 26. 6. 1967, p. 2461 /67. (") OJ No L 164, 24. 6. 1985, p. 11 . H OJ No L 197, 26. 7. 1988, p. 6. Is) See page 1 of this Official Journal. (») OJ No L 197, 26. 7. 1988, p. 8 . C) OJ No L 167, 25. 7. 1972, p. 9. (•2) OJ No L 53, 1 . 3. 1986, p. 55. O OJ No L 197, 26. 7. 1988, p. 10 . (13) OJ No L 247, 6. 9. 1988, p. 7. o OJ No L 213, 11 . 8. 1975, p. 1 . H OJ No L 75, 30. 3. 1971 , p. 16. 0 OJ No L 252, 3. 9 . 1987, p. 6. H °J No L 170, 29. 6. 1984, p. 46.
No L 119/50 Official Journal of the European Communities 29 . 4. 89
the currencies of the Member States referred to in weight must be adjusted to take account of any diffe rences between the percentages of moisture and impur (a), as recorded over a period to be determined ; ities found to exist and those used to define the standard quality for which the target price is fixed ; whereas, when Whereas pursuant to Article 2 (2) of Regulation (EEC) No this adjustment is being made, the weight of the exported 1569/72 forward differential amounts are to be deter seeds must be increased by the amount of the difference mined where the forward exchange rate for one or more between the actual moisture and impurities content and currencies differs from the spot rate by at least a given that used to define the standard quality if the former is percentage ; whereas this percentage has been fixed at 0,5 lower than the latter ; whereas, if the opposite applies, the by Regulation (EEC) No 1813/84 ; weight of the exported seeds must be reduced by the same amount ; Whereas Regulation (EEC) No 1813/84 specifies the spot and forward exchange rates and the period to be used for calculating the differential amounts ; whereas in cases Whereas the standard quality referred to above was where, for one or more months, quotations of forward defined in Article 2 of Council Regulation (EEC) No exchange rates are not available, the rates adopted for the 1102/84 ('); previous months or the following months, as the case may be, must be used ;
Whereas Article 2 of Regulation No 1 42/67/EEC provides Whereas it follows from applying these provisions to the current situation of the oil seeds market and to the rates that the refund may be varied according to destination where the world market situation or the specific require or prices of these products that, pursuant to Article 4 of ments of certain markets make this necessary ; Regulation (EEC) No 651 /71 , the amount of the refund in ecus and the amount of the final refund in each of the national currencies must, in the case of colza and rape seed, be fixed in accordance with the Annex to this Regu Whereas Article 4 of Regulation (EEC) No 651 /71 lation ; whereas it is not necessary to fix a refund for provides for the publication of the amount of the final sunflower seed ; refund obtained from the conversion into each of the national currencies of the amount of the refund in ecus plus or minus the differential amount ; whereas Article 1 Whereas Article 13 of Regulation (EEC) No 2041 /75 of Commission Regulation (EEC) No 1813/84 (2), as last makes provision for the period of validity of certificates fixing refunds in advance to be reduced if the market amended by Regulation (EEC) No 431 /89 (3), defined the situation warrants ; whereas in the interests of sound elements which determine the differential amounts ; whereas these elements are equal to the incidence on the market management a reduction should be made ; target price reduced by 7,5 % or the refund of the coeffi cient derived from the percentage referred to in Article 2 Whereas the measures provided for in this Regulation are (1 ) of Regulation (EEC) No 1569/72 ; whereas, according . in accordance with the opinion of the Management to these provisions, this percentage represents : Committee for Oils and Fats,
(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 : HAS ADOPTED THIS REGULATION :
— 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 2. There shall be no refund on sunflower seed. under the common agricultural policy for the currency of the Member State concerned and the central rate of each of the currencies of the 3. Certificates fixing the export refund in advance shall be valid from their date of issue until the end of the fol Member States referred to in (a), and lowing month. — the spot market rate for the currency of the Member State in question in relation to each of
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 50, 22. 2. 1989, p. 7. This Regulation shall enter into force on 1 May 1989.
29 . 4. 89 Official Journal of the European Communities No L 119/51
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 28 April 1989.
For the Commission Ray MAC SHARRY Member of the Commission
ANNEX
to the Commission Regulation of 28 April 1989 fixing the export refunds on oil seeds
(amounts per 100 kilograms) Current 1st period 2nd period 3rd period 4th period 5th period 5 6 7 8 9 10
1 . Gross refunds (ECU) : \ \ i
— — — — — Spain 16,280 16,280 — — __ — — Portugal 20,440 20,440 — other Member States 17,000 — — — — 17,000 2. Final refunds : l l 1 Seeds harvested and exported from : l l l
40,61 — — — — — Federal Republic of Germany (DM) 40,61 — — — — — Netherlands (Fl) 45,22 45,22 — — — — — BLEU (Bfrs/Lfrs) 820,88 820,88 122,59 — — — — — France (FF) 122,59 — — — — — Denmark (Dkr) 148,21 148,21 — — — — — Ireland (£ Irl) 13,632 13,632 10,164 10,164 — — — — United Kingdom (£) 26 191 26 191 — — — — Italy (Lit) 1 654,15 1 633,18 — — — — Greece (Dr) 2 746,96 2 746,96 — — — — — Spain (Pta) — — — — — Portugal (Esc) 3 749,26 3 749,26