31989R1934

1 . 7. 89 Official Journal of the European Communities No L 187/55

COMMISSION REGULATION (EEC) No 1934/89 of 30 June 1989 fixing the export refunds on oil seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 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 the Treaty establishing the European whereas the amount of this refund may not exceed the Economic Community, difference between prices within the Community and prices on the world market where the former are higher Having regard to the Act of Accession of Spain and than the latter ; whereas Article 21 of Regulation No Portugal, 136/66/EEC provides that, at present, Article 28 of that Regulation applies only to colza, rape and sunflower seeds ; Having regard to Regulation No 136/66/EEC of the Council of 22 September 1966 on the establishment of a common organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 1 225/89 (2), Whereas the refund for colza and rape seeds produced in Spain or Portugal is adjusted in accordance with Council Having regard to Regulation No 142/67/EEC of the Regulation (EEC) No 478/86 (12) ; Council of 21 June 1967 on export refunds on colza, rape and sunflower seeds (3), as last amended by the Act of Accession of Greece, and in particular the first sentence of Article 2 (3) thereof, 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 1678/85 taken of prices ruling on the various Community markets of 11 June 1985 fixing the conversion rates to be applied' which are representative from the point of view of proces­ in agriculture (4), as last amended by Regulation (EEC) No sing and exportation ; the most favourable quotations 1887/89 0, recorded on the various markets of importing third coun­ tries and costs incurred in placing the goods on the world market ; whereas, when the amount of the refund is being Having regard to Regulation (EEC) No 1569/72 of the fixed, account must also be taken of the level of market Council of 20 July 1972 laying down special measures for prices within the Community for the oil seeds referred to colza, rape and sunflower seed (*), as last amended by in Article 21 of Regulation No 136/66/EEC and the Regulation (EEC) No 2216/88 Q, and in particular Article future trend of these prices ; whereas, furthermore, 2 (3) thereof, account should be taken of the economic aspect of the proposed exports and the situation in -the Community Having regard to Regulation (EEC) No 2041 /75 of the regarding the supply of and demand for these seeds ; Commission of 25 July 1975 on special detailed rules for 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 (9), and Whereas the abatement of the refund which arises, where in particular Article 13 thereof, appropriate, from the system of maximum guaranteed quantities for the 1989/90 year, has not, to date, been fixed ; whereas the amount of the refund for the 1989/90 Having regard to the opinion of the Monetary Committee, year has been provisionally calculated on the basis of an abatement of ECU 3,44 per 100 kilograms for colza and Whereas, the target price and the monthly increases in rape seed ; the target price for colza, rape and sunflower seed for the 1989/90 marketing year were fixed by Regulations (EEC) NO 1 228/89 (I0) and (EEC) No 1 229/89 /") ; Whereas Article 1 of Regulation (EEC) No 651 /71 of the (') OJ No 172, 30. 9 . 1 966, p. 3025/66. Commission of 29 March 1971 on certain detailed rules (2) OJ No L 128, 11 . 5. 1989, p. 15. for the application of export refunds on oil seeds (13), as 0 OJ No 125, 26. 6. 1967, p. 2461 /67. (4) OJ No L 164, 24. 6. 1985, p. 11 . last amended by Regulation (EEC) No 1815/84 (14), 0 OJ No L 182, 29. 6. 1989, p. 22. provides that the amount of the refund must be calculated («) OJ No L 167, 25. 7. 1972, p. 9. on the basis of the weight of exported seeds ; whereas this 0 OJ No L 197, 26. 7. 1988, p. 10. 0 OJ No L 213, 11 . 8. 1975, p. 1 . 0 OJ No L 252, 3 . 9. 1987, p. 6. (>*) OJ No L 53, 1 . 3 . 1986, p. 55. (>°) OJ No L 128, 11 . 5. 1989, p. 20. (l3) OJ No L 75, 30 . 3 . 1971 , p. 16. (») OJ No L 128, 11 . 5. 1989, p. 22. M OJ No L 170, 29. 6. 1984, p. 46.

1 . 7. 89 No L 187/56 Official Journal of the European Communities

weight must be adjusted to take account of any diffe­ mined where the forward exchange rate for one or more rences between the percentages - of moisture and impur­ currencies differs from the spot rate by at least a given ities found to exist and those used to define the standard percentage ; whereas this percentage has been fixed at 0,5 quality for which the target price is fixed ; whereas, when by Regulation (EEC) No 1813/84 ; this adjustment is being made, the weight of the exported seeds must be increased by the amount of the difference Whereas Regulation (EEC) No 1813/84 specifies the spot between the actual moisture and impurities content and and forward exchange rates and the period to be used for that used to define the standard quality if the former is calculating the differential amounts ; whereas in cases lower than the latter ; whereas, if the opposite applies, the where, for one or more months, quotations of forward weight of the exported seeds must be reduced by the exchange rates are not available, the rates adopted for the same amount ; 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 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 Whereas Article 2 of Regulation No 142/67/EEC provides ecus 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 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 ecus 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 431 /89 (3), defined the elements which determine the differential amounts ; Whereas the measures provided for in this Regulation are whereas these elements are equal to the incidence on the in accordance with the opinion of the Management target price reduced by 7,5 % or the refund of the coeffi­ Committee for Oils and Fats, 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 — the conversion rate resulting from the central rate ; 1 . In the case of colza and rape seed, the amounts of the refund referred to in Article 4 (1 ) of Regulation (EEC) (b) for the other Member States, the difference between : 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 the currencies of the Member States referred to in 4. However, the amount of the refund in the case of (a), as recorded over a period to be determined ; advance fixing for the 1989/90 marketing year for colza and rape seed will be confirmed or replaced as from 1 Whereas pursuant to Article 2 (2) of Regulation (EEC) No July 1989 to take into account the consequences of the 1569/72 forward differential amounts are to be deter­ application of the system of maximum guaranteed quanti­ ties . Article 2 (') OJ No L 113, 28. 4. 1984, p. 8. 0 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 July 1989.

1 . 7. 89 No L 187/ 57 Official Journal of the European Communities

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

Done at Brussels, 30 June 1989.

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 30 June 1989 fixing the export refunds on oil seeds

(amounts per 100 kilograms) Current 1st period 2nd period 3rd period 4th period 5th period ?(') 8 9 10 11 12

1 . Gross refunds (ECU) : 16,000 16,000 — — — — — Spain 18,440 — — — — — Portugal 18,440 — other Member States 15,000 15,000 — — — , — 2. Final refunds : l

Seeds harvested and exported from : — Federal Republic of Germany (DM) 35,95 35,95 — — — ' 39,81 39,57 — — — — — Netherlands (Fl) 724,30 — — — — — BLEU (Bfrs/Lfrs) 724,30 111,38 111,38 — — — — — France (FF) — Denmark (Dkr) 133,95 133,95 — — — 12,396 12,396 — — — — ■ — Ireland (£ Irl) 8,908 8,908 — — — _ . — United Kingdom (£) 24 870 24 870 — — — — — Italy (Lit) 2 146,37 2 071,65 — — — — Greece (Dr) 2606,26 2 574,12 — — — — — Spain (Pta) 3 486,68 — — — — — Portugal (Esc) 3 487,81

(') Subject, in the case of advance fixing for the 1989/90 marketing year, of the consequences of the application of the system of maximum guaranteed quan­ tities .