31990R1474
1 . 6 . 90 Official Journal of the European Communities No L 140/ 53
COMMISSION REGULATION (EEC) No 1474/90 of 31 May 1990 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 countries of oil seeds harvested within the Community ; Having regard to the Act of Accession of Spain and whereas the amount of this refund may not exceed the Portugal, 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 1179/90 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 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 0, 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 Whereas the abatement of the subsidy for colza and tape amended by Regulation (EEC) No 2662/87 (9), and in seed which arises from the system of maximum guaran particular Article 13 thereof, teed quantities for the 1989/90 marketing year has been fixed by Commission Regulation (EEC) No 2625/89 (13) ; 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 (l4), as last amended by Regulation (EEC) No 1815/84 (15), provides (') OJ No 172, 30. 9. 1966, p. 3025/66. that the amount of the refund must be calculated on the è) OJ No L 280, 29. 9. 1989, p. 2. (3) OJ No 125, 26. 6. 1967, p. 2461 /67. 0 OJ No L 164, 24. 6. 1985, p. 11 . (10) OJ No L 128, 11 . 5. 1989, p. 20 . (Ó OJ No L 119, 11 . 5. 1990, p. 1 . (») OJ No L 128, 11 . 5. 1989, p. 22. (6) OJ No L 167, 25. 7. 1972, p. 9. (12) OJ No L 53, 1 . 3. 1986, p. 55. O OJ No L 197, 26. 7. 1988, p. 10 . (") OJ No L 254, 31 . 8 . 1989, p. 9. (8) OJ No L 213, 11 . 8 . 1975, p. 1 . (") OJ No L 75, 30. 3 . 1971 , p. 16. 0 OJ No L 252, 3. 9. 1987, p. 6. (1J) OJ No L 170, 29. 6. 1984, p. 46.
No L 140/54 Official Journal of the European Communities 1 . 6. 90
basis of the weight of exported seeds ; whereas this weight mined where the forward exchange rate for one or more must be adjusted to take account of any differences currencies differs from the spot rate by at least a given between the percentages of moisture and impurities found percentage ; whereas this percentage has been fixed at 0,5 to exist and those used to define the standard quality for by Regulation (EEC) No 1813/84 ; which the target price is fixed ; whereas, when this adjust ment is being made, the weight of the exported seeds Whereas Regulation (EEC) No 1813/84 specifies the spot must be increased by the amount of the difference and forward exchange rates and the period to be used for between the actual moisture and impurities content and calculating the differential amounts ; whereas in cases that used to define the standard quality if the former is where, for one or more months, quotations of forward lower than the latter ; whereas, if the opposite applies, the exchange rates are not available, the rates adopted for the weight of the exported seeds must be reduced by the previous months or the following months, as the case may same amount ; be, must be used ;
Whereas the standard quality referred to above was Whereas it follows from applying these provisions to the current situation of the oil seeds market and to the rates defined in Article 2 of Council Regulation (EEC) No 1 102/84 0); or prices of these products that, pursuant to Article 4 of Regulation (EEC) No 651 /71 , the amount of the refund in ecus and the amount of the final refund in each of the Whereas Article 2 of Regulation No 142/67/EEC provides national currencies must, in the case of colza and rape that the refund may be varied according to destination seed, be fixed in accordance with the Annex to this Regu where the world market situation or the specific require lation ; whereas it is not necessary to fix a refund for ments of certain markets make this necessary ; sunflower seed ;
Whereas Article 4 of Regulation (EEC) No 651 /71 Whereas, in view of the present circumstences in the provides for the publication of the amount of the final German Democratic Republic and their effects on the refund obtained from the conversion into each of the market situation, no refund should be fixed for products national currencies of the amount of the refund in ecus to be exported to that destination ; plus or minus the differential amount ; whereas Article 1 of Commission Regulation (EEC) No 181 3/84 (2), as last Whereas Article 13 of Regulation (EEC) No 2041 /75 amended by Regulation (EEC) No 431 /89 (3), defined the makes provision for the period of validity of certificates elements which determine the differential amounts ; fixing refunds in advance to be reduced if the market whereas these elements are equal to the incidence on the situation warrants ; whereas in the interests of sound target price reduced by 7,5 % or the refund of the coeffi market management a reduction should be made ; cient derived from the percentage referred to in Article 2 (1 ) of Regulation (EEC) No 1569/72 ; whereas, according Whereas the measures provided for in this Regulation are to these provisions, this percentage represents : in accordance with the opinion of the Management 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 cultural policy, and — the conversion rate resulting from the central rate ; Article 1 (b) for the other Member States, the difference between :
— the relationship between the conversion rate used 1 . In the case of colza and rape seed, the amounts of under the common agricultural policy for the the refund referred to in Article 4 ( 1 ) of Regulation (EEC) currency of the Member State concerned and the No 651 /71 shall be as set out in the Annex hereto. central rate of each of the currencies of the Member States referred to in (a), and 2. No refund shall be fixed for such products exported — the spot market rate for the currency of the to the German Democratic Republic. Member State in question in relation to each of the currencies of the Member States referred to in 3. There shall be no refund on sunflower seed . (a), as recorded over a period to be determined ; 4. Certificates fixing the export refund in advance shall be valid from their date of issue until the end of the fol Whereas pursuant to Article 2 (2) of Regulation (EEC) No 1569/72 forward differential amounts are to be deter lowing month.
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 June 1990.
1 . 6 . 90 No L 140/55 Official Journal of the European Communities
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 31 May 1990 .
For the Commission Ray MAC SHARRY Member of the Commission
ANNEX
to the Commission Regulation of 31 May 1990 fixing the export refunds on oil seeds
(amounts per 100 kilograms)
Current 1st period 2nd period 3rd period 4th period 5th period 6 7 (') 8 9 10 11
1 . Gross refunds (ECU):
— — — — — Spain 20,830 19,464 — — — — — Portugal 24,300 22,274 — other Member States — — — — 23,000 20,974 2. Final refunds : Seeds harvested and exported from : \ \ \
— — — Federal Republic of Germany (DM) 54,64 49,44 — — — — — Netherlands (Fl) 60,67 55,33 — — — _ — BLEU (Bfrs/Lfrs) 1 110,60 1 012,77 __ — — — — France (FF) 174,45 164,68 — — — — — Denmark (Dkr) 205,39 187,30 — — — — - — Ireland (£ Irl) 19,416 18,329 — — — — — United Kingdom (£) 14,116 15,537 38 227 36 740 — — — — — Italy (Lit) — — — — — Greece (Dr) 3 762,92 4 296,77 — — — — — Spain (Pta) 3 281,24 3 071,96 — . — — — — Portugal (Esc) 4 734,13 4 608,54
(7 Subject to the abatement resulting from the system of maximum guaranteed quantities for the 1990/91 marketing year.