31991R2873
No L 274/24 Official Journal of the European Communities 1 . 10 . 91
COMMISSION REGULATION (EEC) No 2873/91 of 30 September 1991 fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES, guaranteed quantity arrangements for the 1991 /92 marketing year, the rate of the refund for this marketing Having regard to the Treaty establishing the European year has only been able to be calculated provisionally on Economic Community, the basis of the abatement applicable for the 1990/91 marketing year ; whereas this amount should therefore Having regard to the Act of Accession of Spain and only be applied provisionally and should be confirmed or Portugal, replaced once the consequences of the maximum guaran teed quantity arrangements are known ; Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common Whereas Article 27a (3) of Regulation No 136/66/EEC organization of the market in oils and fats ('), as last provides that the adjustment of the amount of aid for amended by Regulation (EEC) No 1720/91 (2), rapeseed produced in Spain for the 1991 /92 marketing year shall be fixed so that the adjusted target price is the Having regard to Council Regulation No 142/67/EEC of same in Spain as in the Community as constituted at 31 21 June 1967 on export refunds on colza, rape and December 1985 ; sunflower seeds (3), as last amended by the Act of Acces sion of Greece, and in particular the first sentence of Article 2 (3) thereof, Whereas Article 28 of Regulation No 136/66/EEC provides that a refund may be granted on exports to third Having regard to Council Regulation (EEC) No 1678/85 countries of oil seeds harvested within the Community ; of 11 June 1985 fixing the conversion rates to be applied whereas the amount of this refund may not exceed the in agriculture (4), as last amended by Regulation (EEC) No difference between prices within the Community and 2566/91 0, prices on the world market where the former are higher than the latter ; whereas Article 21 of Regulation No 136/66/EEC provides that, at present, Article 28 of that Having regard to Council Regulation (EEC) No 1569/72 Regulation applies only to colza, rape and sunflower of 20 July 1972 laying down special measures for colza, seeds ; rape and sunflower seed (6), as last amended by Regulation (EEC) No 2206/90 (7), and in particular Article 2 (3) thereof, Whereas the refund for colza and rape seeds produced in Spain or Portugal is adjusted in accordance with Council Having regard to Commission Regulation (EEC) No Regulation (EEC) No 478/86 (,2); 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 Article 3 of Regulation No 1 42/67/EEC provides amended by Regulation (EEC) No 557/91 (9), and in parti that when the refund is being calculated account must be cular Article 13 thereof, taken of prices ruling on the various Community markets which are representative from the point of view of proces Having regard to the opinion of the Monetary Committee, 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 Whereas the target price and the monthly increases in the market ; whereas, when the amount of the refund is being target price for colza, rape and sunflower seed for the fixed, account must also be taken of the level of market 1991 /92 marketing year were fixed by Regulations (EEC) prices within the Community for the oil seeds referred to No 1722/91 (10) and (EEC) No 1723/91 ("); in Article 21 of Regulation No 136/66/EEC and the future trend of these prices ; whereas, furthermore, Whereas, owing to the lack of an adjustment in the rate of account should be taken of the economic aspect of the refund for colza and rape resulting from the maximum 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. 0 OJ No L 162, 26. 6. 1991 , p. 27. 0 OJ No 125, 26. 6. 1967, p. 2461 /67. Whereas the abatement of the subsidy for colza and tape O OJ No L 164, 24. 6. 1985, p. 11 . O OJ No L 244, 31 . 8. 1991 , p. 48 . seed wich arises from the system of maximum guaranteed (Ó OJ No L 167, 25. 7. 1972, p. 9. quantities for the 1990/91 marketing year has been fixed 0 OJ No L 201 , 31 . 7. 1990, p. 11 . by Commission Regulation (EEC) No 2509/90 (l3); 0 OJ No L 213, 11 . 8. 1975, p. 1 . 0 OJ No L 62, 8. 3. 1991 , p. 23 . (,0) OJ No L 162, 26. 6. 1991 , p. 31 . (,2) OJ No L 53, 1 . 3. 1986, p. 55. (") OJ No L 162, 26. 6. 1991 , p. 33 . 13) OJ No L 237, 1 . 9. 1990, p. 7.
1 . 10 . 91 Official Journal of the European Communities No L 274/25
Whereas Article 1 of Commission Regulation (EEC) No — the agricultural conversion rate, and 651 /71 of 29 March 1971 on certain detailed rules for the application of export refunds on oil seeds ('), as last — the average rate of the ecu as published in the C amended by Regulation (EEC) No 1815/84 (2), provides Series of the Official Journal of the European. that the amount of the refund must be calculated on the Communities during a period to be determined, basis of the weight of exported seeds ; whereas this weight multiplied by the factor referred to in the second must be adjusted to take account of any differences indent of (a) ; between the percentages of moisture and impurities found to exist and those used to define the standard quality for which the target price is fixed ; whereas, when this adjust Whereas pursuant to Article 2 (2) of Regulation (EEC) No 1569/72 forward differential amounts are to be deter ment is being made, the weight of the exported seeds must be increased by the amount of the difference mined where the forward exchange rate for one or more between the actual moisture and impurities content and currencies differs from the spot rate by at least a given percentage ; whereas this percentage has been fixed at 0,5 that used to define the standard quality if the former is lower than the latter ; whereas, if the opposite applies, the by Regulation (EEC) No 1813/84 ; weight of the exported seeds must be reduced by the same amount ; Whereas Regulation (EEC) No 1813/84 specifies the spot and forward exchange rates and the period to be used for Whereas the standard quality referred to above was calculating the differential amounts ; whereas in cases where, for one or more months, quotations of forward defined in Article 2 of Council Regulation (EEC) No 1 102/84 0 ; 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 Article 2 of Regulation No 142/67/EEC provides that the refund may be varied according to destination where the world market situation or the specific require Whereas it follows from applying these provisions to the current situation of the oil seeds market and to the rates ments of certain markets make this necessary ; 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 elements which determine the differential amounts ; Whereas Article 13 of Regulation (EEC) No 2041 /75 whereas these elements are equal to the incidence on the makes provision for the period of validity of certificates target price reduced by 7,5 % or the refund of the coeffi fixing refunds in advance to be reduced if the market situation warrants ; whereas in the interests of sound cient derived from the percentage referred to in Article 2 ( 1 ) of Regulation (EEC) No 1569/72 ; whereas, according market management a reduction should be made ; to these provisions, this percentage represents : Whereas the measures provided for in this Regulation are (a) for those Member States whose currencies are main in accordance with the opinion of the Management tained as between themselves within a spread at any Committee for Oils and Fats, given moment of 2,25 %, the difference between :
— the conversion rate used under the common agri cultural policy, and — the conversion rate resulting from the central rate HAS ADOPTED THIS REGULATION : of the correcting factor referred to in Article 6 (1 ) of Regulation (EEC) No 1677/85 (*), as last amended by Regulation (EEC) No 2205/90 (7).
Article 1 (b) In the case of Member States other than those referred to in (a), the difference between :
(') OJ No L 75, 30. 3. 1971 , p. 16. 1 . In the case of colza and rape seed, the amounts of (2) OJ No L 170, 29. 6. 1984, p. 46. the refund referred to in Article 4 (1 ) of Regulation (EEC) (3) OJ No L 113, 28. 4. 1984, p. 8 . No 651 /71 shall be as set out in the Annex hereto. (4) OJ No L 170, 29. 6. 1984, p. 41 . O OJ No L 145, 8. 6. 1990, p. 20. H OJ No L 164, 24. 6. 1985, p. 6. f) OJ No L 201 , 31 . 7. 1990, p. 9. 2. There shall be no refund on sunflower seed.
No L 274/26 Official Journal of the European Communities 1 . 10 . 91
3. Certificates fixing the export refund in advance shall replaced with effect from 1 October 1991 to take account be valid from their date of issue until the end of the fol of the consequences of the maximum guaranteed quantity lowing month. arrangements for the 1991 /92 marketing year.
Article 2 4. However, the amount of the refund for the 1991 /92 marketing year for colza and rape shall be confirmed or This Regulation shall enter into force on 1 October 1991 .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 September 1991 .
For the Commission Ray MAC SHARRY Member of the Commission
ANNEX
to the Commission Regulation of 30 September 1991 fixing the export refunds on oil seeds
(amounts per 100 kilograms) Current 1st period 2nd period 3rd period 4th period 5th period 10 (') ll (') 12 1 2 3 1 . Gross refunds (ECU): I
— — — — — Spain 13,500 13,778 — — — — — Portugal 20,470 20,748 — other Member States 13,500 13,778 — — — — 2. Final refunds : I IIl l
' Seeds harvested and exported from : Ill l \
31,78 32,44 — — — — — Federal Republic of Germany (DM) — — — — — Netherlands (Fl) 35,81 36,55 — BLEU (Bfrs/Lfrs) 655,51 669,01 — — — — — — — — — France (FF) 106,59 108,79 — Denmark (Dkr) 121,23 123,72 — — — — — — — — — Ireland (£ Irl) 11,863 12,108 — United Kingdom (£) 10,606 10,827 — — — — 23 780 24 269 — — — — — Italy (Lit) 3 261,96 3 311,33 — — — — — Greece (Dr) — Spain (Pta) 2116,64 2 158,57 — — — — 4 371,82 4 429,83 — — — — — Portugal (Esc)
O Amount fixed provisionally, pending and subject to the application of the maximum guaranteed quantity arrangements for the 1991 /92 marketing year, conforming to the adjustment resulting from the maximum guaranteed quantity arrangements applied for the 1990/91 marketing year.