31991R1573
11 . 6. 91 Official Journal of the European Communities No L 146/21
COMMISSION REGULATION (EEC) No 1573/91 of 10 June 1991 altering the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES, January 1990 and amending the prices and amounts fixed in ecus for that marketing year (12) ; Having regard to the Treaty establishing the European Economic Community, Whereas, owing to the lack of a target price for colza and Having regard to the Act of Accession of Spain and rape and of the adjustment in the rate of refund resulting Portugal, from the maximum guaranteed quantity arrangements for the 1991 /92 marketing year, the rate of the refund fixed Having regard to Council Regulation No 136/66/EEC of in advance for this marketing year has only been able to 22 September 1966 on the establishment of a common be calculated provisionally conforming with the Commis organization of the market in oils and fats (1), as last sion's proposals to the Council ; whereas this amount amended by Regulation (EEC) No 3577/90 (2), should therefore only be applied provisionally and should be confirmed or replaced once the prices and related Having regard to Council Regulation No 142/67/EEC of measures and the consequences of the maximum guaran 21 June 1967 on export refunds on colza, rape and teed quantity arrangements for the 1991 /92 marketing sunflower seeds (3), as last amended by the Act of Acces year are known ; sion of Greece, and in particular the second sentence of Article 2 (3) thereof, Whereas Article 28 of Regulation No 136/66/EEC Having regard to Council Regulation (EEC) No 1678/85 provides that a refund may be granted on exports to third of 11 June 1985 fixing the conversion rates to be applied countries of oil seeds harvested within the Community ; in agriculture (4), as last amended by Regulation (EEC) No whereas the amount of this refund may not exceed the 1533/91 0, difference between prices within the Community and prices on the world market where the former are higher Having regard to Council Regulation (EEC) No 1569/72 than the latter ; whereas Article 21 of Regulation No of 20 July 1972 laying down special measures for colza, 136/66/EEC provides that, at present, Article 28 of that rape and sunflower seed (% as last amended by Regulation Regulation applies only to colza, rape and sunflower (EEC) No 2206/90 f), and in particular Article 2 (3) seeds ; thereof,
Having regard to Commission Regulation (EEC) No Whereas the refund for colza and rape seeds produced in 2041 /75 of 25 July 1975 on special detailed rules for the Spain or Portugal is adjusted in accordance with Council application of the system of import and export licences Regulation (EEC) No 478/86 (»); and advance fixing certificates for oils and fats (8), as last amended by Regulation (EEC) No 557/91 (9), and in parti Whereas Article 3 of Regulation No 142/67/EEC provides cular Article 13 thereof, that when the refund is being calculated account must be taken of prices ruling on the various Community markets Having regard to the opinion of the Monetary Committee, which are representative from the point of view of proces sing and exportation ; the most favourable quotations Whereas, the target price and the monthly increases in the target price for colza, rape and sunflower seed for the recorded on the various markets of importing third coun tries and costs incurred in placing the goods on the world 1990/91 marketing year were fixed by Regulations (EEC) market ; whereas, when the amount of the refund is being No 1317/90 (10) and (EEC) No 1318/90 (»); fixed, account must also be taken of the level of market Whereas the prices fixed by the Council are to be reduced prices within the Community for the oil seeds referred to in accordance with Article 2 of Commission Regulation in Article 21 of Regulation No 136/66/EEC and the (EEC) No 784/90 of 29 March 1990 fixing the reducing future trend of these prices ; whereas, furthermore, coefficient for agricultural prices in the 1990/91 marke account should be taken of the economic aspect of the ting year as a result of the monetary realignment of 5 proposed exports and the situation in the Community regarding the supply of and demand for these seeds ; (') OJ No 172, 30. 9. 1966, p. 3025/66. (2) OJ No L 353, 17. 12. 1990, p. 23 . Whereas the abatement of the subsidy for colza and tape 0 OJ No 125, 26. 6. 1967, p. 2461 /67. 0 OJ No L 164, 24. 6. 1985, p. 11 . seed wich arises from the system of maximum guaranteed Is) OJ No L 145, 10. 6. 1991 , p. 40. quantities for the 1990/91 marketing year has been fixed («) OJ No L 167, 25. 7. 1972, p. 9. by Commission Regulation (EEC) No 2509/90 (,4) ; o OJ No L 201 , 31 . 7. 1990, p. 11 . (8) OJ No L 213, 11 . 8 . 1975, p. 1 . 0 OJ No L 62, 8 . 3 . 1991 , p. 23 . (12) OJ No L 83, 30 . 3 . 1990, p. 102. (10) OJ No L 132, 23. 5. 1990, p. 9. (13) OJ No L 53, 1 . 3. 1986, p. 55. (»») OJ No L 132, 23. 5. 1990, p. 11 . (14) OJ No L 237, 1 . 9 . 1990, p. 7.
No L 146/22 Official Journal of the European Communities 11 . 6. 91
Whereas Article 1 of Commission Regulation (EEC) No of Regulation (EEC) No 1677/85 (16) as last 651 /71 of 29 March 1971 on certain detailed rules for the amended by Regulation (EEC) No 2205/90 (17). application of export refunds on oil seeds ('), as last amended by Regulation (EEC) No 1815/84 (2), provides (b) In the case of Member States other than those referred that the amount of the refund must be calculated on the to in (a), the difference between : basis of the weight of exported seeds ; whereas this weight must be adjusted to take account of any differences — the agricultural conversion rate, and between the percentages of moisture and impurities found to exist and those used to define the standard quality for — the average rate of the ecu as published in the C which the target price is fixed ; whereas, when this adjust Series of the Official Journal of the European ment is being made, the weight of the exported seeds Communities during a period to be determined, must be increased by the amount of the difference multiplied by the factor referred to in the second between the actual moisture and impurities content and indent of (a). that used to define the standard quality if the former is lower than the latter ; whereas, if the opposite applies, the Whereas pursuant to Article 2 (2) of Regulation (EEC) No weight of the exported seeds must be reduced by the 1569/72 forward differential amounts are to be deter same amount ; 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 by Regulation (EEC) No 1813/84 ; Whereas the standard quality referred to above was defined in Article 2 of Council Regulation (EEC) No Whereas Regulation (EEC) No 1813/84 specifies the spot 1102/84 (3) ; and forward exchange rates and the period to be used for calculating the differential amounts ; whereas in cases where, for one or more months, quotations of forward exchange rates are not available, the rates adopted for the Whereas Article 2 of Regulation No 142/67/EEC provides previous months or the following months, as the case may that the refund may be varied according to destination be, must be used ; where the world market situation or the specific require ments of certain markets make this necessary ; 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 Regulation (EEC) No 651 /71 , the amount of the refund in Whereas Article 4 of Regulation (EEC) No 651 /71 ecus and the amount of the final refund in each of the provides for the publication of the amount of the final national currencies must, in the case of colza and rape refund obtained from the conversion into each of the seed, be fixed in accordance with the Annex to this Regu national currencies of the amount of the refund in ecus lation ; whereas it is not necessary to fix a refund for plus or minus the differential amount ; whereas Article 1 sunflower seed ; of Commission Regulation (EEC) No 1813/84 (4), as last amended by Regulation (EEC) No 1539/90 (*), defined the Whereas Article 13 of Regulation (EEC) No 2041 /75 elements which determine the differential amounts ; makes provision for the period of validity of certificates whereas these elements are equal to the incidence on the fixing refunds in advance to be reduced if the market target price reduced by 7,5 % or the refund of the coeffi situation warrants ; whereas in the interests of sound cient derived from the percentage referred to in Article 2 market management a reduction should be made, (1 ) of Regulation (EEC) No 1569/72 ; whereas, according to these provisions, this percentage represents :
(a) for those Member States whose currencies are main HAS ADOPTED THIS REGULATION : tained as between themselves within a spread at any given moment of 2,25 %, the difference between :
Article 1 — the conversion rate used under the common agri cultural policy, and 1 . In the case of colza and rape seed, the amounts of — the conversion rate resulting from the central rate the refund referred to in Article 4 (1 ) of Regulation (EEC) of the correcting factor referred to in Article 6 ( 1 ) No 651 /71 shall be as set out in the Annex hereto.
0 OJ No L 75, 30. 3. 1971 , p. 16. 2 . There shall be no refund on sunflower seed . (2) OJ No L 170, 29. 6. 1984, p. 46. (3) OJ No L 113, 28. 4. 1984, p. 8 . (4) OJ No L 170, 29. 6. 1984, p. 41 . 0 OJ No L 164, 24. 6. 1985, p. 6. V) OJ No L 145, 8. 6. 1990, p. 20. 0 OJ No L 201 , 31 . 7. 1990, p. 9 .
11 . 6 . 91 Official Journal of the European Communities No L 146/23
3. Certificates fixing the export refund in advance shall 1991 /92 marketing year and of the consequences of the be valid from their date of issue until the end of the fol maximum guaranteed quantity arrangements. lowing month. 4. However, the amount of the refund fixed in advance Article 2 for the 1991 /92 marketing year for colza and rape shall be confirmed or replaced with effect from 11 . June 1991 to take account of the prices and related measures for the This Regulation shall enter into force on 11 June 1991 .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 June 1991 .
For the Commission Ray MAC SHARRY Member of the Commission
ANNEX
to the Commission Regulation of 10 June 1991 altering 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 0,000 0,000 — Portugal 19,970 16,674 — other Member States 13,000 9,704 2. Final refunds : Seeds harvested and exported from : — Federal Republic of Germany (DM) 30,60 22,84 — Netherlands (Fl) 34,48 25,74 — — — BLEU (Bfrs/Lfrs) 631,23 471,19 — France (FF) 102,64 76,62 — — Denmark (Dkr) 116,74 87,14 — Ireland (£ Irl) 1 1,424 8,528 — United Kingdom (£) 9,755 7,182 — — Italy (Lit) 22 899 17 093 — Greece (Dr) 2 128,69 1 370,25 — Spain (Pta) 111,92 111,92 — Portugal (Esc) 4 240,72 3 553,54
(') Amount fixed provisionally, pending and subject to the setting of the prices and related measures and of the application of the maximum guaranteed quantity arrangements for the 1991 /92 marketing year, conforming in particular : — to the Commission's proposals for the 1991 /92 marketing year as regards the target price, the monthly increases, the reduction for rape seed other than 'double zero' and the arrangements applying to rape seed harvested in Spain ; — to the adjustment resulting from the maximum guaranteed quantity arrangements and that of the agricultural conversion rates applied for the 1990/91 marketing year.