31989R2938
30 . 9 . 89 Official Journal of the European Communities No L 281 /41
COMMISSION REGULATION (EEC) No 2938/89 of 29 September 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 Having regard to Regulation No 142/67/EEC of the Spain or Portugal is adjusted in accordance with Council Council of 21 June 1967 on export refunds on colza, rape Regulation (EEC) No 478/86 (u) ; 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 Having regard to Council Regulation (EEC) No 1678/85 that when the refund is being calculated account must be of 11 June 1985 fixing the conversion rates to be applied taken of prices ruling on the various Community markets in agriculture (4), as last amended by Regulation (EEC) No which are representative from the point of view of proces 2908/89 0, sing and exportation ; the most favourable quotations recorded on the various markets of importing third coun tries and costs incurred in placing the goods on the world Having regard to Regulation (EEC) No 1569/72 of the market ; whereas, when the amount of the refund is being Council of 20 July 1972 laying down special measures for fixed, account must also be taken of the level of market colza, rape and sunflower seed (% as last amended by prices within the Community for the oil seeds referred to Regulation (EEC) No 2216/88 f), and in particular Article in Article 21 of Regulation No 136/66/EEC and the 2 (3) thereof, future trend of these prices ; whereas, furthermore, account should be taken of the economic aspect of the Having regard to Regulation (EEC) No 2041 /75 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 (*), as last amended by Regulation (EEC) No 2662/87 ('), and in particular Article 13 thereof, Whereas the abatement of the subsidy for colza and tape seed which arises from the system of maximum guaran Having regard to the opinion of the Monetary Committee, teed quantities for the 1989/90 marketing year has been fixed by Commission Regulation (EEC) No 2625/89 (13) ; Whereas, the target price and the monthly increases in 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 Commission of 29 March 1971 on certain detailed rules (') OJ No 172, 30. 9. 1966, p. 3025/66. for the application of export refunds on oil seeds (M), as 0 OJ No L 128, 11 . 5. 1989, p. 15. last amended by Regulation (EEC) No 1 81 5/84 (1S), fa OJ No 125, 26. 6. 1967, p. 2461 /67. (4) OJ No L 164, 24. 6. 1985, p. 11 . provides that the amount of the refund must be calculated 0 OJ No L 280, 29. 9. 1989, p. 11 . on the basis of the weight of exported seeds ; whereas this («) OJ No L 167, 25. 7. 1972, p. 9. 0 OJ No L 197, 26. 7. 1988, p. 10. («) OJ No L 213, 11 . 8. 1975, p. 1 . (lI) OJ No L 53, 1 . 3. 1986, p. 55. 0 OJ No L 252, 3. 9. 1987, p. 6. H OJ No L 254, 31 . 8. 1989, p. 9. (10) OJ No L 128, 11 . 5. 1989, p. 20. (») OJ No L 128, 11 . 5. 1989, p. 22. ROJ No L 75, 30. 3. 1971, p. 16.OJ No L 170, 29. 6. 1984, p. 46.
No L 281 /42 Official Journal of the European Communities 30 . 9. 89
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 1 569/72 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 same amount ; calculating the differential amounts ; whereas in cases 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 1 102/84 (') ; Whereas it follows from applying these provisions to the current situation of the oil seeds market and to the rates Whereas Article 2 of Regulation No 142/67/EEC provides or prices of these products that, pursuant to Article 4 of that the refund may be varied according to destination Regulation (EEC) No 651 /71 , the amount of the refund in ecus and the amount of the final refund in each of the where the world market situation or the specific require ments of certain markets make this necessary ; national currencies must, in the case of colza and rape 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 refund obtained from the conversion into each of the Whereas Article 13 of Regulation (EEC) No 2041 /75 national currencies of the amount of the refund in ecus makes provision for the period of validity of certificates plus or minus the differential amount ; whereas Article 1 fixing refunds in advance to be reduced if the market of Commission Regulation (EEC) No 1813/84 (2), as last situation warrants ; whereas in the interests of sound amended by Regulation (EEC) No 431 /89 (3), defined the market management a reduction should be made ; elements which determine the differential amounts ; whereas these elements are equal to the incidence on the target price reduced by 7,5 % or the refund of the coeffi Whereas the measures provided for in this Regulation are cient derived from the percentage referred to in Article 2 in accordance with the opinion of the Management (1 ) of Regulation (EEC) No 1569/72 ; whereas, according Committee for Oils , and Fats, to these provisions, this percentage represents :
(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 cultural policy, and Article 1 — the conversion rate resulting from the central rate ;
(b) for the other Member States, the difference between : 1 . In the case of colza and rape seed, the amounts of the refund referred to in Article 4 (1 ) of Regulation (EEC) — the relationship between the conversion rate used No 651 /71 shall be as set out in the Annex hereto. under the common agricultural policy for the currency of the Member State concerned and the central rate of each of the currencies of the 2. There shall be no refund on sunflower seed. Member States referred to in (a), and — the spot market rate for the currency 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 State in question in relation to each of the currencies of the Member States referred to in lowing month. (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 October 1989.
30 . 9 . 89 Official Journal of the European Communities No L 281 /43
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 September 1989.
For the Commission Ray MAC SHARRY Member of the Commission
ANNEX
to the Commission Regulation of 29 September 1989 fixing the export refunds on oil seeds
(amounts per 100 kilograms) Current 1st period 2nd period 3rd period 4th period 5th period 10 11 12 1 2 3
1 . Gross refunds (ECU) : — Spain 21,440 21,718 — ! — — — — Portugal 19,000 19,000 — — — — — other Member States 18,000 18,278 — — — — 2. Final refunds : Seeds harvested and exported from : I \
43,01 43,67 — — — — — Federal Republic of Germany (DM) — — — — — Netherlands (Fl) 47,48 48,21 — BLEU (Bfrs/Lfrs) 869,16 882,59 — — — — — France (FF) 134,62 136,76 — — — — — Denmark (Dkr) 160,74 163,22 — — — — 14,983 — — — — — Ireland (£ Irl) 15,221 — — — — — United Kingdom (£) 11,212 11,407 30 273 30 738 — — — — — Italy (Lit) 2 674,96 2 693,91 — — — — — Greece (Dr) 3 427,36 3 469,87 — — — — — Spain (Pta) 3 596,44 — ■ — — — — Portugal (Esc) 3 596,44