31992R0804
No L 86/46 Official Journal of the European Communities 1 . 4. 92
COMMISSION REGULATION (EEC) No 804/92 of 31 March 1992 fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES, maximum guaranteed quantities for the 1991 /92 marke ting year, has been fixed by Commission Regulation Having regard to the Treaty establishing the European (EEC) No 3207/91 (> 2) ; Economic Community,
Whereas Article 27a (3) of Regulation No 136/66/EEC Having regard to the Act of Accession of Spain and provides that the adjustment of the amount of aid for rape Portugal, seed produced in Spain for the 1991 /92 marketing year shall be fixed so that the adjusted target price is the same Having regard to Council Regulation No 136/66/EEC of in Spain as in the Community as constituted at 31 22 September 1966 on the establishment of a common December 1985 ; organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 1720/91 (2), Whereas Article 28 of Regulation No 136/66/EEC Having regard to Council Regulation No 142/67/EEC of provides that a refund may be granted on exports to third 21 June 1967 on export refunds on colza, rape and countries of oil seeds harvested within the Community ; sunflower seeds (3), as last amended by the Act of Acces whereas the amount of this refund may not exceed the sion of Greece, and in particular the first sentence of difference between prices within the Community and Article 2 (3) thereof, prices on the world market where the former are higher than the latter ; whereas Article 21 of Regulation No Having regard to Council Regulation (EEC) No 1678/85 136/66/EEC provides that, at present, Article 28 of that of 11 June 1985 fixing the conversion rates to be applied Regulation applies only to colza, rape and sunflower in agriculture (4), as last amended by Regulation (EEC) No seeds ; 668/92 0,
Whereas the refund for colza and rape seeds produced in Having regard to Council Regulation (EEC) No 1569/72 Spain or Portugal is adjusted in accordance with Council of 20 July 1972 laying down special measures for colza, Regulation (EEC) No 478/86 (,3) ; rape and sunflower seed (*), as last amended by Regulation (EEC) No 2206/90 Q, and in particular Article 2 (3) thereof, Whereas Article 3 of Regulation No 142/67/EEC provides that when the refund is being calculated account must be Having regard to Commission Regulation (EEC) No taken of prices ruling on the various Community markets 2041 /75 of 25 July 1975 on special detailed rules for the which are representative from the point of view of proces application of the system of import and export licences sing and exportation ; the most favourable quotations and advance fixing certificates for oils and fats (8), as last recorded on the various markets of importing third coun amended by Regulation (EEC) No 557/91 (9), and in parti tries and costs incurred in placing the goods on the world cular Article 13 thereof, market ; whereas, when the amount of the refund is being fixed, account must also be taken of the level of market Having regard to the opinion of the Monetary Committee, prices within the Community for the oil seeds referred to in Article 21 of Regulation No 136/66/EEC and the Whereas the target price and the monthly increases in the future trend of these prices ; whereas, furthermore, target price for colza, rape and sunflower seed for the account should be taken of the economic aspect of the 1991 /92 marketing year were fixed by Council Regula proposed exports and the situation in the Community tions (EEC) No 1722/91 (10) and (EEC) No 1723/91 (») ; regarding the supply of and demand for these seeds ;
Whereas the abatement of the subsidy for colza and rape Whereas the abatement of the subsidy for colza and tape seed which arises, where appropriate, from the system of seed wich arises from the system of maximum guaranteed quantities for the 1990/91 marketing year has been fixed (') OJ No 172, 30. 9 . 1966, p. 3025/66. by Commission Regulation (EEC) No 2509/90 (14); 0 OJ No L 162, 26. 6. 1991 , p. 27. (3) OJ No 125, 26. 6. 1967, p. 2461 /67. 0 OJ No L 164, 24. 6. 1985, p. 11 . 0 OJ No L 71 , 18 . 3. 1992, p. 21 . Whereas Article 1 of Commission Regulation (EEC) No («) OJ No L 167, 25. 7. 1972, p. 9. 651 /71 of 29 March 1971 on certain detailed rules for the 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 303, 1 . 11 . 1991 , p. 68 . H OJ No L 162, 26. 6. 1991 , p. 31 . (13) OJ No L 53, 1 . 3. 1986, p. 55. (") OJ No L 162, 26. 6. 1991 , p. 33 . O OJ No L 237, 1 . 9. 1990, p. 7.
1 . 4. 92 Official Journal of the European Communities No L 86/47
application of export refunds on oil seeds ('), as last — the agricultural conversion rate, and amended by Regulation (EEC) No 1815/84 (2), provides that the amount of the refund must be calculated on the — the average rate of the ecu as published in the C basis of the weight of exported seeds ; whereas this weight Series of the Official Journal of the European Communities during a period to be determined, must be adjusted to take account of any differences multiplied by the factor referred to in the second between the percentages of moisture and impurities found indent of (a) ; 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 ment is being made, the weight of the exported seeds 1569/72 forward differential amounts are to be deter 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 that used to define the standard quality if the former is percentage ; whereas this percentage has been fixed at 0,5 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 calculating the differential amounts ; whereas in cases Whereas the standard quality referred to above was where, for one or more months, quotations of forward defined in Article 2 of Council Regulation (EEC) No 1 1 02/84 (3); 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 Whereas it follows from applying these provisions to the that the refund may be varied according to destination current situation of the oil seeds market and to the rates where the world market situation or the specific require or prices of these products that, pursuant to Article 4 of ments of certain markets, make this necessary ; Regulation (EEC) No 651 /71 , the amount of the refund in ecus and the amount of the final refund in each of the national currencies must, in the case of colza and rape Whereas Article 4 of Regulation (EEC) No 651 /71 seed, be fixed in accordance with the Annex to this Regu provides for the publication of the amount of the final refund obtained from the conversion into each of the lation ; whereas it is not necessary to fix a refund for national currencies of the amount of the refund in ecus sunflower seed ; plus or minus the differential amount ; whereas Article 1 Whereas Article 13 of Regulation (EEC) No 2041 /75 of Commission Regulation (EEC) No 1813/84 (4), as last makes provision for the period of validity of certificates amended by Regulation (EEC) No 1 539/90 (*), defined the elements which determine the differential amounts ; fixing refunds in advance to be reduced if the market situation warrants ; whereas in the interests of sound whereas these elements are equal to the incidence on the market management a reduction should be made ; 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 to these provisions, this percentage represents : Committee for Oils and Fats,
(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 Article 1 cultural policy, and
— the conversion rate resulting from the central rate of the correcting factor referred to in Article 6 (1 ) 1 . In the case of colza and rape seed, the amounts of of Council Regulation (EEC) No 1677/85 (6), as the refund referred to in Article 4 (1 ) of Regulation (EEC) last amended by Regulation (EEC) No 2205/90 (7). No 651 /71 shall be as set out in the Annex hereto .
2. There shall be no refund on sunflower seed. (b) In the case of Member States other than those referred to in (a), the difference between : 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. O OJ No L 113, 28. 4. 1984, p. 8 . (") OJ No L 170, 29. 6. 1984, p. 41 . Article 2 Is) OJ No L 145, 8. 6. 1990, p. 20. (6) OJ No L 164, 24. 6. 1985, p. 6. O OJ No L 201 , 31 . 7. 1990, p. 9. This Regulation shall enter into force on 1 April 1992.
No L 86/48 1 . 4. 92 Official Journal of the European Communities
This Regulation shall be bidding in its entirety and directly applicable in all Member States.
Done at Brussels, 31 March 1992.
For the Commission Ray MAC SHARRY Member of the Commission
ANNEX
to the Commission Regulation of 31 March 1992 fixing the export refunds on oil seeds
(amounts per 100 kilograms) Current 1st period 2nd period 3rd period 4th period 5th period 4 5 6 7 8 9
1 . Gross refunds (ECU) : — Spain 12,500 12,778 — — — — — Portugal 21,580 21,858 — — — — — other Member States 12,500 12,778 — — — — 2. Final refunds : Seeds harvested and exported from : — Federal Republic of Germany (DM) 29,43 30,08 — — — — — Netherlands (Fl) 33,16 33,89 — — — — — BLEU (Bfrs/Lfrs) 606,95 620,45 — — — — — France (FF) 98,70 100,89 — — — . — — Denmark (Dkr) 112,25 114,75 — — — — — Ireland (£ Irl) 10,985 11,229 — — — — — United Kingdom (£) 9,499 9,720 — — — — — Italy (Lit) 22 018 22 508 — — — — — Greece (Dr) 2 793,91 2 842,97 — — — — — Spain (Pta) 1 949,51 1 991,44 — — — — — Portugal (Esc) 4 614,96 4 672,97 — — — —