31989R3578
No L 350/ 10 Official Journal of the European Communities 1 . 12. 89
COMMISSION REGULATION (EEC) No 3578/89 of 30 November 1989 fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 1989/90 marketing year were fixed by Regulations (EEC) No 1228/89 (10) and (EEC) No 1229/89 (") ;
Having regard to the Treaty establishing the European Economic Community, Whereas Article 28 of Regulation No 136/66/EEC provides that a refund may be granted on exports to third Having regard to the Act of Accession of Spain and countries of oil seeds harvested within the Community ; Portugal, whereas the amount of this refund may not exceed the difference between prices within the Community and prices on the world market where the former are higher Having regard to Council Regulation No 136/66/EEC of than the latter ; whereas Article 21 of Regulation No 22 September 1966 on the establishment of a common 136/66/EEC provides that, at present, Article 28 of that organization of the market in oils and fats (!), as last Regulation applies only to colza, rape and sunflower seeds ; amended by Regulation (EEC) No 2902/89 (2),
Having regard to Council Regulation No 142/67/EEC of Whereas the refund for colza and rape seeds produced in 21 June 1967 on export refunds on colza, rape and Spain or Portugal is adjusted in accordance with Council sunflower seeds (3), as last amended by the Act of Acces Regulation (EEC) No 478/86 (12) ; sion 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 3215/89Q, 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 Council Regulation (EEC) No 1569/72 market ; whereas, when the amount of the refund is being of 20 July 1972 laying down special measures for colza, fixed, account must also be taken of the level of market rape and sunflower seed (% as last amended by Regulation prices within the Community for the oil seeds referred to (EEC) No 2216/88 Q, and in particular Article 2 (3) in Article 21 of Regulation No 136/66/EEC and the thereof, future trend of these prices ; whereas, furthermore, account should be taken of the economic aspect of the proposed exports and the situation in the Community Having regard to Commission Regulation (EEC) No regarding the supply of and demand for these seeds ; 2041 /75 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 in Whereas the abatement of the subsidy for colza and tape particular Article 13 thereof, seed which arises from the system of maximum guaran teed quantities for the 1989/90 marketing year has been fixed by Commission Regulation (EEC) No 2625/89 O3) ; Having regard to the opinion of the Monetary Committee,
Whereas Article 1 of Commission Regulation (EEC) No Whereas, the target price and the monthly increases in 651 /71 of 29 March 1971 on certain detailed rules for the the target price for colza, rape and sunflower seed for the application of export refunds on oil seeds (14), as last amended by Regulation (EEC) No 1815/84 (1S), provides (') OJ No 172, 30. 9. 1966, p. 3025/66. that the amount of the refund must be calculated on the (2) OJ No L 280, 29. 9. 1989, p. 2. O OJ No 125, 26. 6. 1967, p. 2461 /67. (<) OJ No L 164, 24. 6. 1985, p. 11 . (10) OJ No L 128, 11 . 5. 1989, p. 20 . 0 OJ No L 312, 27. 10. 1989, p. 20. (") OJ No L 128, 11 . 5. 1989, p. 22. («) 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 . H OJ No L 254, 31 . 8 . 1989, p. 9. (8) OJ No L 213, 11 . 8 . 1975, p. 1 . (H) OJ No L 75, 30. 3. 1971 , p. 16. O OJ No L 252, 3. 9. 1987, p. 6. (15) OJ No L 170, 29. 6. 1984, p. 46.
1 . 12. 89 Official Journal of the European Communities No L 350/ 11
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 1569/72 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 1102/84 ('); 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 1 42/67/EEC 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 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 tained as between themselves within a spread at any HAS ADOPTED THIS REGULATION : 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 ;
(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) 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 currency of the Member State concerned and the 2. There shall be no refund on sunflower seed. 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 — the spot market rate for the currency of the be valid from their date of issue until the end of the fol Member State in question in relation to each of lowing month. 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. O OJ No L 170, 29. 6. 1984, p. 41 . This Regulation shall enter into force on 1 December (3) OJ No L 50, 22. 2. 1989, p. 7. 1989 .
No L 350/ 12 1 . 12 . 89 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 November 1989.
For the Commission Ray MAC SHARRY Member of the Commission
<■<,* ANNEX
to the Commission Regulation of 30 November 1989 fixing the export refunds on oil seeds
(amounts per 100 kilograms) Current 1st period 2nd period 3rd period 4th period 5th period 12 1 2 3 4 5 I. Gross refunds (ECU): I
— Spain 20,000 20,278 — — — — — Portugal 22,440 22,679 — — — ■ — — other Member States 19,000 19,278 — — — — I. Final refunds : III l Seeds harvested and exported from : \ l
— Federal Republic of Germany (DM) 45,25 45,91 — — — — Netherlands (Fl) 50,12 50,85 — — — — — — — — — BLEU (Bfrs/Lfrs) 917,45 930,87 — France (FF) 143,26 145,40 — — ■ — — — Denmark (Dkr) 169,67 172,15 — — — — — Ireland (£ Irl) 15,944 16,182 — — . — — — United Kingdom (£) 10,976 11,171 — — — — Italy (Lit) 31 129 31 594 — — — — — Greece (Dr) 2 796,57 2 831,99 — — . ■ — — — Spain (Pta) 3 142,72 3 185,22 — — — — — Portugal (Esc) 4156,17 — — — — 4 202,06