31989R2343
No L 222/28 Official Journal of the European Communities 1 . 8 . 89
COMMISSION REGULATION (EEC) No 2343/89 of 31 July 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 1225/89 (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 2284/89 (*), 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 (J), 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 (®), 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 1228/89 (10) and (EEC) No 1229/89 (»); Whereas Article 1 of Regulation (EEC) No 651 /71 of the (') OJ No 172, 30 . 9: 1966, p. 3025/66. Commission of 29 March 1971 on certain detailed rules 0 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. last amended by Regulation (EEC) No 1815/84 (14), (4) OJ No L 164, 24. 6. 1985, p. 11 . 0 OJ No L 218 , 28. 7. 1989, p. 17. 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 O OJ No L 197, 26. 7. 1988, p. 10 . (•) OJ No L 213, 11 . 8 . 1975, p. 1 . 0 OJ No L 252, 3. 9. 1987, p. 6. (1J) OJ No L 53, 1 . 3. 1986, p. 55. (,0) OJ No L 128, 11 . 5. 1989, p. 20. (>3) OJ No L 75, 30. 3. 1971 , p. 16. (") OJ No L 128, 11 . 5. 1989, p. 22. 14 OJ No L 170, 29. 6. 1984, p. 46.
1 . 8 . 89 Official Journal of the European Communities No L 222/29
weight must be adjusted to take account of any diffe Whereas pursuant to Article 2 (2) of Regulation (EEC) No rences between the percentages of moisture and impur 1569/72 forward differential amounts are to be deter ities found to exist and those used to define the standard mined where the forward exchange rate for one or more quality for which the target price is fixed ; whereas, when currencies differs from the spot rate by at least a given this adjustment is being made, the weight of the exported percentage ; whereas this percentage has been fixed at 0,5 seeds must be increased by the amount of the difference by Regulation (EEC) No 1813/84 ; between the actual moisture and impurities content and that used to define the standard quality if the former is Whereas Regulation (EEC) No 1813/84 specifies the spot lower than the latter ; whereas, if the opposite applies, the and forward exchange rates and the period to be used for weight of the exported seeds must be reduced by the calculating the differential amounts ; whereas in cases same amount : where, for one or more months, quotations of forward exchange rates are not available, the rates adopted for the previous months or the following months, as the, case may Whereas the standard quality referred to above was be, must be used ; defined in Article 2 of Council Regulation (EEC) No 1102/84 P); 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 142/67yEEC provides Regulation (EEC) No 651 /71 , the amount of the refund in that the refund may be varied according to destination ecus 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 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 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 fol central rate of each of the currencies of the lowing month. Member States referred to in (a), and 4. However, the amount of the refund for colza and — the spot market rate for the currency of the rape seed will be confirmed or replaced as from 1 August Member State in question in relation to each of 1989 to take into account the consequences of the appli the currencies of the Member States referred to in cation of the system of maximum guaranteed quantities. (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 50, 22. 2. 1989, p. 7. This Regulation shall enter into force on 1 August 1989.
No L 222/30 Official Journal of the European Communities 1 . 8 . 89
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 31 July 1989.
For the Commission Ray MAC SHARRY Member of the Commission
ANNEX
to the Commission Regulation of 31 July 1989 fixing the export refunds on oil seeds
(amounts per 100 kilograms) Current 1st period 2nd period 3rd period 4th period 5th period 8 0 9 (') 10 11 12 1 I
1 . Gross refunds (ECU): I
18,000 18,000 — — — — — Spain — — — — — Portugal 20,440 20,440 — other Member States 17,000 _ 17,000 — — — — 2. Final refunds : \ Seeds harvested and exported from : \ \ \ \ L
40,63 40,63 — — — — — Federal Republic of Germany (DM) — — — — — Netherlands (Fl) 44,84 44,84 820,88 820,88 — — — — — BLEU (Bfrs/Lfrs) — France (FF) 127,08 127,08 — — — — 151,81 151,81 — — — — — Denmark (Dkr) 14,144 14,144 — — — — Ireland (£ Irl) — United Kingdom (£) 10,663 1 0,663 — — _ . — 28 318 28 318 — — — — — Italy (Lit) — — — - — — Greece (Dr) 2 521,92 2 491,43 2 920,45 — — — ■ — — Spain (Pta) 2 920,45 — — — ' — — Portugal (Esc) 3 875,78 3 875,40
(l) Subject to the consequences of the application of the system of maximum guaranteed quantities.