31990R2812
29 . 9 . 90 Official Journal of the European Communities No L 268 /31
COMMISSION REGULATION (EEC) No 2812/90 of 28 September 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 (l0) and (EEC) No 1318 /90 (11);
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 (12) ; 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 amended by Regulation (EEC) No 2902/89 (2), 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 Council Regulation No 142/67/EEC of whereas the amount of this refund may not exceed the 21 June 1967 on export refunds on colza, rape and difference between prices within the Community and sunflower seeds (3), as last amended by the Act of Acces prices on the world market where the former are higher sion of Greece, and in particular the first sentence of than the latter ; whereas Article 21 of Regulation No Article 2 (3) thereof, 136/66/EEC provides that, at present, Article 28 of that 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 in agriculture (4), as last amended by Regulation (EEC) No Whereas the refund for colza and rape seeds produced in 2496/90 0, Spain or Portugal is adjusted in accordance with Council Regulation (EEC) No 478/86 (» 3) ; Having regard to Council Regulation (EEC) No 1569/72 of 20 July 1972 laying down special measures for colza, Whereas Article 3 of Regulation No 142/67/EEC provides rape and sunflower seed (6), as last amended by Regulation that when the refund is being calculated account must be (EEC) No 2206/90 Q, and in particular Article 2 (3) thereof, taken of prices ruling on the various Community markets which are representative from the point of view of proces sing and exportation ; the most favourable quotations Having regard to Commission Regulation (EEC) No recorded on the various markets of importing third coun 2041 /75 of 25 July 1975 on special detailed rules for the tries and costs incurred in placing the goods on the world application of the system of import and export licences market ; whereas, when the amount of the refund is being fixed, account must also be taken of the level of market and advance fixing certificates for oils and fats (8), as last amended by Regulation (EEC) No 2662/87 (9), and in prices within the Community for the oil seeds referred to particular Article 13 thereof, in Article 21 of Regulation No 136/66/EEC and the future trend of these prices ; whereas, furthermore, account should be taken of the economic aspect of the Having regard to the opinion of the Monetary Committee, proposed exports and the situation in the Community regarding the supply of and demand for these seeds ;
Whereas, the target price and the monthly increases in the target price for colza, rape and sunflower seed for the Whereas the abatement of the subsidy for colza and tape seed wich arises from the system of maximum guaranteed (') OJ No 172, 30. 9 . 1966, p. 3025/66. quantities for the 1990/91 marketing year has been fixed (2) OJ No L 280, 29 . 9. 1989, p. 2. by Commission Regulation (EEC) No 2509/90 (14) ; (3) OJ No 125, 26. 6. 1967, p. 2461 /67. (4) OJ No L 164, 24. 6. 1985, p. 11 . 0 OJ No L 236', 31 . 8 . 1990, p. 8 . (10) OJ No L 132, 23 . 5. 1990, p. 9. (*) OJ No L 167, 25. 7. 1972, p. 9. ") OJ No L 132, 23 . 5. 1990, p. 11 . 0 OJ No L 201 , 31 . 7. 1990, p. 11 . (12) OJ No L 83, 30. 3. 1990, p. 102. (8) OJ No L 213, 11 . 8 . 1975, p. 1 . O OJ No L 53, 1 . 3 . 1986, p. 55. O OJ No L 252, 3. 9. 1987, p. 6. H OJ No L 237, 1 . 9. 1990, p. 52.
No L 268 /32 29 . 9 . 90 Official Journal of the European Communities
Whereas Article 1 of Commission Regulation (EEC) No — the conversion rate resulting from the central rate 651 /71 of 29 March 1971 on certain detailed rules for the of the correcting factor referred to in Article 6 (1 ) application of export refunds on oil seeds ('), as last of Regulation (EEC) No 1677/85 (16) as last amended by Regulation (EEC) No 1815/84 (2), provides amended by Regulation (EEC) No 2205/90 (17). that the amount of the refund must be calculated on the basis of the weight of exported seeds ; whereas this weight must be adjusted to take account of any differences (b) In the case of Member States other than those referred between the percentages of moisture and impurities found to in (a), the difference between : to exist and those used to define the standard quality for which the target price is fixed ; whereas, when this adjust — the agricultural conversion rate, and ment is being made, the weight of the exported seeds must be increased by the amount of the difference — the average rate of the ecu as published in the C between the actual moisture and impurities content and Series of the Official Journal of the European that used to define the standard quality if the former is Communities during a period to be determined, lower than the latter ; whereas, if the opposite applies, the multiplied by the factor referred to in the second weight of the exported seeds must be reduced by the indent of (a). same amount ;
Whereas pursuant to Article 2 (2) of Regulation (EEC) No 1569/72 forward differential amounts are to be deter mined where the forward exchange rate for one or more Whereas the standard quality referred to above was currencies differs from the spot rate by at least a given defined in Article 2 of Council Regulation (EEC) No percentage ; whereas this percentage has been fixed at 0,5 1 102/84 (3) ; by Regulation (EEC) No 1813/84 ;
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 it follows from applying these provisions to the Whereas Article 4 of Regulation (EEC) No 651 /71 current situation of the oil seeds market and to the rates provides for the publication of the amount of the final or prices of these products that, pursuant to Article 4 of refund obtained from the conversion into each of the Regulation (EEC) No 651 /71 , the amount of the refund in national currencies of the amount of the refund in ecus ecus and the amount of the final refund in each of the plus or minus the differential amount ; whereas Article 1 national currencies must, in the case of colza and rape of Commission Regulation (EEC) No 1813/84 (4), as last seed, be fixed in accordance with the Annex to this Regu amended by Regulation (EEC) No 1539/90 (*), defined the lation ; whereas it is not necessary to fix a refund for elements which determine the differential amounts ; sunflower seed ; whereas these elements are equal to the incidence on the target price reduced by 7,5 % or the refund of the coeffi cient derived from the percentage referred to in Article 2 Whereas, in view of the present circumstences in the ( 1 ) of Regulation (EEC) No 1569/72 ; whereas, according German Democratic Republic and their effects on the to these provisions, this percentage represents : market situation, no refund should be fixed for products to be exported to that destination ;
(a) for those Member States whose currencies are main Whereas Article 13 of Regulation (EEC) No 2041 /75 tained as between themselves within a spread at any makes provision for the period of validity of certificates given moment of 2,25 % , the difference between : fixing refunds in advance to be reduced if the market situation warrants ; whereas in the interests of sound market management a reduction should be made ; — the conversion rate used under the common agri cultural policy, and Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management (') OJ No L 75, 30. 3. 1971 , p. 16. Committee for Oils and Fats, 0 OJ No L 170, 29. 6. 1984, p. 46. 0 OJ No L 113, 28 . 4. 1984, p. 8 . (4) OJ No L 170, 29 . 6. 1984, p. 41 . (6) OJ No L 164, 24. 6. 1985, p. 6. V) OJ No L 145, 8. 6. 1990, p. 20. O OJ No L . 201 , 31 . 7. 1990, p. 9.
29 . 9 . 90 Official Journal of the European Communities No L 268 /33
HAS ADOPTED THIS REGULATION : 3 . There shall be no refund on sunflower seed.
Article 1 4. Certificates fixing the export refund in advance shall be valid from their date of issue until the end of the 1 . In the case of colza and rape seed, the amounts of following month. the refund referred to in Article 4 (1 ) of Regulation (EEC) No 651 /71 shall be as set out in the Annex hereto. 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 October 1990.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 September 1990.
For the Commission Ray MAC SHARRY Member of the Commission
ANNEX
to the Commission Regulation of 28 September 1990 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 0,000 0,278 — Portugal 23,470 23,748 — other Member States 16,500 16,778 2. Final refunds : Seeds harvested and exported from : — Federal Republic of Germany (DM) 38,63 39,28 — 43,52 44,26 — — — Netherlands (Fl) — BLEU (Bfrs/Lfrs) 796,74 810,16 — France (FF) 129,56 131,74 — Denmark (Dkr) 147,35 149,83 — Ireland (£ Irl) 14,419 14,662 — United Kingdom (£) 12,491 12,708 — Italy (Lit) 28 903 29 390 — Greece (Dr) 3 344,37 3 396,97 — Spain (Pta) 68,63 111,13 — Portugal (Esc) > 4 812,31 4 869,83