31990R1822
No L 167/60 Official Journal of the European Communities 30 . 6. 90
COMMISSION REGULATION (EEC) No 1822/90 of 29 June 1990 fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 1990/91 marketing year were fixed by Regulations (EEC) No 1317/90 (10) and (EEC) No 1318/90 (") ;
Having regard to the Treaty establishing the European Economic Community* Whereas the prices fixed by the Council are to be reduced in accordance with Article 2 of Commission Regulation (EEC) No 784/90 of 29 March 1990 fixing the reducing Having regard to the Act of Accession of Spain and coefficient for agricultural prices in the 1990/91 marke Portugal, ting year as a result of the monetary realignment of 5 January 1990 and amending the prices and amounts fixed in ecus for that marketing year (l2) ; Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats ('), as last Whereas Article 28 of Regulation No 136/66/EEC amended by Regulation (EEC) No 2902/89 (2), provides that a refund may be granted on exports to third countries of oil seeds harvested within the Community ; whereas the amount of this refund may not exceed the Having regard to Council Regulation No 142/67/EEC of difference between prices within the Community and 21 June 1967 on export refunds on colza, rape and prices on the world market where the former are higher sunflower seeds (3), as last amended by the Act of Acces than the latter ; whereas Article 21 of Regulation No sion of Greece, and in particular the first sentence of 136/66/EEC provides that, at present, Article 28 of that Article 2 (3) thereof, Regulation applies only to colza, rape and sunflower seeds ; Having regard to Council Regulation (EEC) No 1678/85 of 11 June 1985 fixing the conversion rates to be applied Whereas the refund for colza and rape seeds produced in in agriculture (4), as last amended by Regulation (EEC) No Spain or Portugal is adjusted in accordance with Council 1775/90 0, Regulation (EEC) No 478/86 (13) ;
Having regard to Council Regulation (EEC) No 1569/72 Whereas Article 3 of Regulation No 142/67/EEC provides of 20 July 1972 laying down special measures for colza, that when the refund is being calculated account must be rape and sunflower seed (*), as last amended by Regulation taken of prices ruling on the various Community markets (EEC) No 2216/88 Q, and in particular Article 2 (3) thereof, which are representative from the point of view of proces sing and exportation ; the most favourable quotations recorded on the various markets of importing third coun Having regard to Commission Regulation (EEC) No tries and costs incurred in placing the goods on the world 2041 /75 of 25 July 1975 on special detailed rules for the market ; whereas, when the amount of the refund is being fixed, account must also be taken of the level of market application of the system of import and export licences and advance fixing certificates for oils and fats (8), as last prices within the Community for the oil seeds referred to amended by Regulation (EEC) No 2662/87 (9), and in in Article 21 of Regulation No 136/66/EEC and the particular Article 13 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 the opinion of the Monetary Committee, regarding the supply of and demand for these seeds ;
Whereas, the target price and the monthly increases in Whereas the abatement of the subsidy which arises, where the target price for colza, rape and sunflower seed for the appropriate, from the system of maximum guaranteed quantities for the 1990/91 year, has not yet been fixed ; whereas the amount for the 1990/91 year has been calcu (>) OJ No 172, 30. 9. 1966, p. 3025/66. (*) OJ No L 280, 29. 9. 1989, p. 2. lated provisionally on the basis of the abatement for the 0 OJ No 125, 26. 6. 1967, p. 2461 /67. 1989/90 marketing year ; (4) OJ No L 164, 24. 6. 1985, p. 11 . O OJ No L 163, 29 . 6. 19S|0, p. 9. (0 OJ No L 167, 25. 7. 1972, p. 9. (">) OJ No L 132, 23. 5. 1990, p. 9. 0 OJ No L 197, 26. 7. 1988, p. 10. (») OJ No L 132, 23. 5. 1990, p. 11 . (8) OJ No L 213, 11 . 8. 1975, p. 1 . H OJ No L 83, 30. 3. 1990, p. 102. O OJ No L 252, 3. 9. 1987, p. 6. (1J) OJ No L 53, 1 . 3. 1986, p. 55.
30 . 6 . 90 Official Journal of the European Communities No L 167/61
Whereas Article 1 of Commission Regulation (EEC) No (b) for the other Member States, the difference between : 651 /71 of 29 March 1971 on certain detailed rules for the application of export refunds on oil seeds ('), as last amended by Regulation (EEC) No 1 81 5/84 (2), provides — the relationship between the conversion rate used that the amount of the refund must be calculated on the under the common agricultural policy for the basis of the weight of exported seeds ; whereas this weight currency of the Member State concerned and the central rate of each of the currencies of the must be adjusted to take account of any differences between the percentages of moisture and impurities found Member States referred to in (a), and to exist and those used to define the standard quality for which the target price is fixed ; whereas, when this adjust — the v spot market rate for the currency of the ment is being made, the weight of the exported seeds Member State in question in relation to each of must be increased by the amount of the difference the currencies of the Member States referred to in between the actual moisture and impurities content and (a), as recorded over a period to be determined ; that used to define the standard quality if the former is lower than the latter ; whereas, if the opposite applies, the weight of the exported seeds must be reduced by the same amount : Whereas pursuant to Article 2 (2) of Regulation (EEC) No 1 569/72 forward differential amounts are to be deter mined where the forward exchange rate for one or more currencies differs from the spot rate by at least a given percentage ; whereas this percentage has been fixed at 0,5 Whereas the standard quality referred to above was by Regulation (EEC) No 1 813/84 ; defined in Article 2 of Council Regulation (EEC) No 1 102/84 (3);
Whereas Regulation (EEC) No 1813/84 specifies the spot and forward exchange rates and the period to be used for Whereas Article 2 of Regulation No 142/67/EEC provides calculating the differential amounts ; whereas in cases that the refund may be varied according to destination where, for one or more months, quotations of forward where the world market situation or the specific require exchange rates are not available, the rates adopted for the ments of certain markets make this necessary ; previous months or the following months, as the case may be, must be used ;
Whereas Article 4 of Regulation (EEC) No 651 /71 Whereas it follows from applying these provisions to the provides for the publication of the amount of the final current situation of the oil seeds market and to the rates refund obtained from the conversion into each of the or prices of these products that, pursuant to Article 4 of national currencies of the amount of the refund in ecus Regulation (EEC) No 651 /71 , the amount of the refund in plus or minus the differential amount ; whereas Article 1 ecus and the amount of the final refund in each of the of Commission Regulation (EEC) No 1813/84 (4), as last national currencies must, in the case of colza and rape amended by Regulation (EEC) No 1539/90 (5), defined the seed, be fixed in accordance with the Annex to this Regu elements which determine the differential amounts ; lation ; whereas it is not necessary to fix a refund for whereas these elements are equal to the incidence on the sunflower seed : target price reduced by 7,5 % or the refund of the coeffi 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 : Whereas, in view of the present circumstences in the German Democratic Republic and their effects on the market situation, no refund should be fixed for products (a) for those Member States whose currencies are main to be exported to that destination ; tained as between themselves within a spread at any given moment of 2,25 %, the difference between :
Whereas Article 13 of Regulation (EEC) No 2041 /75 — the conversion rate used under the common agri makes provision for the period of validity of certificates fixing refunds in advance to be reduced if the market cultural policy, and situation warrants ; whereas in the interests of sound market management a reduction should be made ; — the conversion rate resulting from the central rate ;
(') OJ No L 75, 30. 3 . 1971 , p. 16. (2) OJ No L 170, 29. 6. 1984, p. 46. Whereas the measures provided for in this Regulation are 3) OJ No L 113, 28 . 4. 1984, p. 8 . (4) OJ No L 170, 29. 6. 1984, p. 41 . in accordance with the opinion of the Management (0 OJ No L 145, 8. 6. 1990, p. 20. Committee for Oils and Fats,
No L 167/62 Official Journal of the European Communities 30 . 6 . 90
HAS ADOPTED THIS REGULATION 3 . There shall he no refund on sunflower seed.
4. However, the amount of the subsidy in the case of fixing for the 1990/91 marketing year will be confirmed Article 1 or replaced as from 1 July 1990 to take into account the application of the system of maximum guaranteed quanti ties for colza and rape seed. 1 . In the case of colza and rape seed, the amounts of 5. Certificates fixing the export refund in advance shall the refund referred to in Article 4 (1 ) of Regulation (EEC) be valid from their date of issue until the end of the fol No 651 /71 shall be as set out in the Annex hereto. lowing month.
Article 2 2. No refund shall be fixed for such products exported to the German Democratic Republic. This Regulation shall enter into force on 1 July 1990 .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 June 1990.
For the Commission Ray MAC SHARRY Member of the Commission
ANNEX
to the Commission Regulation of 29 June 1990 fixing the export refunds on oil seeds
(amounts per 100 kilograms), Current 1st period 2nd period 3rd period 4th period 5th period 7 0 8 0 9 10 11 12
1 . Gross refunds (ECU) : — Spain 18,830 18,830 — Portugal 22,300 22,300 — other Member States 21,000 21,000 2. Final refunds : Seeds harvested and exported from : — Federal Republic of Germany (DM) 49,50 49,16 — Netherlands (Fl) 55,39 55,39 — BLEU (Bfrs/Lfrs) 1 014,03 1 014,03 — France (FF) 164,89 164,89 — Denmark (Dkr) 187,53 187,53 — Ireland (£ Irl) 18352 18,352 — United Kingdom (£) 15,775 15,775 — Italy (Lit) 36 785 36 785 — Greece (Dr) 4 340,51 4 327,88 — Spain (Pta) 3 011,36 3 011,36 — Portugal (Esc) 4 613,91 4 613,91
0 Subject to the abatement resulting from the system of maximum guaranteed quantities for the 1990/91 marketing year.