31991R0242

No L 27/38 Official Journal of the European Communities 1 . 2. 91

COMMISSION REGULATION (EEC) No 242/91 of 31 January 1991 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 (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 3577/90 (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 second 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 163/91 (5), Spain or Portugal is adjusted in accordance with Council Regulation (EEC) No 478/86 (13) ;

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 f7), 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 tries and costs incurred in placing the goods on the world 2041 /75 of 25 July 1975 on special detailed rules for the 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 prices within the Community for the oil seeds referred to amended by Regulation (EEC) No 2662/87 (9), and in 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 0 OJ No L 353, 17. 12. 1990, p. 23. 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 . O OJ No L 22, 28 . 1 . 1991 , p. 49 . (I0) OJ No L 132, 23. 5. 1990, p. 9. (6) OJ No L 167, 25. 7. 1972, p. 9 . O OJ No L 132, 23. 5. 1990, p. 11 . O OJ No L 201 , 31 . 7. 1990, p. 11 . 0 2) OJ No L 83, 30 . 3 . 1990, p. 102. (8) OJ No L 213, 11 . 8 . 1975, p. 1 . (,3) OJ No L 53, 1 . 3. 1986, p. 55. 0 OJ No L 252, 3 . 9. 1987, p. 6. H OJ No L 237, 1 . 9 . 1990, p. 7.

1 . 2. 91 No L 27/39 Official Journal of the European Communities

Whereas Article 1 of Commission Regulation (EEC) No Communities during a period to be determined, 651 /71 of 29 March 1971 on certain detailed rules for the multiplied by the factor referred to in the second application of export refunds on oil seeds ('), as last indent of (a). amended by Regulation (EEC) No 1815/84 (2), provides that the amount of the refund must be calculated on the Whereas pursuant to Article 2 (2) of Regulation (EEC) No basis of the weight of exported seeds ; whereas this weight 1569/72 forward differential amounts are to be deter­ must be adjusted to take account of any differences mined where the forward exchange rate for one or more between the percentages of moisture and impurities found currencies differs from the spot rate by at least a given to exist and those used to define the standard quality for percentage ; whereas this percentage has been fixed at 0,5 which the target price is fixed ; whereas, when this adjust­ by Regulation (EEC) No 1813/84 ; ment is being made, the weight of the exported seeds must be increased by the amount of the difference Whereas Regulation (EEC) No 1813/84 specifies the spot between the actual moisture and impurities content and and forward exchange rates and the period to be used for that used to define the standard quality if the former is calculating the differential amounts ; whereas in cases lower than the latter ; whereas, if the opposite applies, the where, for one or more months, quotations of forward weight of the exported seeds must be reduced by the 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 1 102/84 (3) ; 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 where the world market situation or the specific require­ ecus and the amount of the final refund in each of the 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 Whereas Article 4 of Regulation (EEC) No 651 /71 lation ; whereas it is not necessary to fix a refund for provides for the publication of the amount of the final sunflower seed ; refund obtained from the conversion into each of the national currencies of the amount of the refund in ecus Whereas Article 13 of Regulation (EEC) No 2041 /75 plus or minus the differential amount ; whereas Article 1 makes provision for the period of validity of certificates of Commission Regulation (EEC) No 1813/84 (4), as last fixing refunds in advance to be reduced if the market amended by Regulation (EEC) No 1539/90 (*), defined the situation warrants ; whereas in the interests of sound elements which determine the differential amounts ; market management a reduction should be made ; 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 the measures provided for in this Regulation are ( 1 ) of Regulation (EEC) No 1569/72 ; whereas, according in accordance with the opinion of the Management 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 — the conversion rate resulting from the central rate Article 1 of the correcting factor referred to in Article 6 ( 1 ) of Regulation (EEC) No 1677/85 (16) as last amended by Regulation (EEC) No 2205/90 (l7). 1 . In the case of colza and rape seed, the amounts of (b) In the case of Member States other than those referred the refund referred to in Article 4 ( 1 ) of Regulation (EEC) to in (a), the difference between : No 651 /71 shall be as set out in the Annex hereto .

— the agricultural conversion rate, and 2. There shall be no refund on sunflower seed. — the average rate of the ecu as published in the C Series of the Official Journal of the European 3 . Certificates fixing the export refund in advance shall be valid from their date of issue until the end of the fol­ (') OJ No L 75, 30 . 3 . 1971 , p. 16. lowing month . (2) OJ No L 170, 29 . 6. 1984, p. 46 . 0 OJ No L 113, 28 . 4. 1984, p. 8 . 0 OJ No L 170, 29. 6. 1984, p. 41 . Article 2 0 OJ No L 145, 8 . 6. 1990, p. 20. (6) OJ No L 164, 24. 6. 1985, p. 6. 0 OJ No L 201 , 31 . 7. 1990, p. 9. This Regulation shall enter into force on 1 February 1991 .

No L 27/40 1 . 2. 91 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 January 1991 .

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 31 January 1991 fixing the export refunds on oil seeds

(amounts per 100 kilograms) Current 1st period 2nd period 3rd period 4th period 5th period 2 3 4 5 6 7

1 . Gross refunds (ECU): — — — — — Spain 0,000 0,278 — — — — — Portugal 23,970 24,248 — other Member States — — — — 17,000 17,278 2. Final refunds : \ I l I Seeds harvested and exported from : I \ l \

— — — — — Federal Republic of Germany (DM) 40,02 40,68 — — — — — Netherlands (Fl) 45,09 45,83 825,46 838,96 — — — — — BLEU (Bfrs/Lfrs) 134,23 — — — — — France (FF) 136,42 152,66 155,15 — — — — — Denmark (Dkr) 14,939 15,183 — — — — — Ireland (£ Irl) — — — — — United Kingdom (£) 12,873 13,090 29 945 30 434 — — — — — Italy (Lit) 3 337,81 — — — — — Greece (Dr) 3 377,55 — — — — — Spain (Pta) 83,14 125,64 5 015,59 5 073,60 — — — — — Portugal (Esc)