30 . 11 . 85 Official Journal of the European Communities No L 321 /25
COMMISSION REGULATION (EEC) No 3357/85
of 29 November 1985
fixing the export refunds on oil seeds
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European
Economic Community,
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 231 /85 (2),
Having regard to Council Regulation No 142/67/EEC of
21 June 1967 on export refunds on colza, rape and
sunflower seeds (3), as last amended by Regulation (EEC)
No 2429/72 (4), and in particular the first sentence of
Article 2 (3) thereof,
Having regard to Council Regulation (EEC) No 1223/83
of 20 May 1983 on the exchange rates to be applied in
agriculture (*), as last amended by Regulation (EEC) No
1297/85 (*),
Having regard to Council Regulation (EEC) No 1569/72
of 20 July 1972 laying down special measures for colza,
rape and sunflower seed f), as last amended by Regulation
(EEC) No 1474/84 (8), and in particular Article 2 (3)
thereof,
Having regard to the opinion of the Monetary Committee,
Whereas the target price and the monthly increases in the
target price for sunflower seed for the 1985/86 marketing
year were fixed by Regulations (EEC) No 1489/85 (9) and
(EEC) No 1490/85 (10) ;
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 ;
whereas the amount of this refund may not exceed the
difference between prices within the Community and
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
Regulation applies only to colza, rape and sunflower
seeds ;
Whereas Article 3 of Regulation No 142/67/EEC provides
that when the refund is being calculated account must be
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
recorded on the various markets of importing third coun
tries and costs incurred in placing the goods on the world
market ; whereas, when the amount of the refund is being
fixed, account must also be taken of the level of market
prices within the Community for the oil seeds referred to
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
proposed exports and the situation in the Community
regarding the supply of and demand for these seeds ;
Whereas, in the absence of the target price for the
1985/86 marketing year for colza and rape seed and in
the absence of the amount of the monthly increase for
January, February, March, April and May 1986 for colza
and rape seed, the amount of the refunds in the case of
advance fixing for December 1985, January, February,
March, April and May 1986 for colza and rape seed has
been obtainable only provisionally on the basis of the
target price and the monthly increase proposed by the
Commission to the Council for the marketing year
1985/86 ; whereas this amount may, therefore, be applied
on a temporary basis and should be confirmed or replaced
when the indicative price of the 1985/86 marketing year
is known ;
Whereas Article 1 of Commission Regulation (EEC) No
651 /71 of 29 March 1971 on certain detailed rules for the
application of export refunds on oil seeds (u), as last
amended by Regulation (EEC) No 1815/84 (12), provides
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
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
ment is being made, the weight of the exported seeds
must be increased by the amount of the difference
between the actual moisture and impurities content and
that used to define the standard quality if the former is
lower than the latter ; whereas, if the opposite applies, the
weight of the exported seeds must be reduced by the
same amount :
(') OJ No 172, 30. 9 . 1966, p. 3025/66.
(2) OJ No L 26, 31 . 1 . 1985, p. 12.
(3) OJ No 125, 26 . 6. 1967, p. 2461 /67.
(
Is) OJ No L 132, 21 . 5. 1983, p. 33.
I6) OJ No L 137, 27 . 5. 1985, p. 1 .
0 OJ No L 167, 25 . 7. 1972, p. 9 .
(») OJ No L 143, 30 . 5 . 1984, p. 4 .
0 OJ No L 151 , 10 . 6 . 1985, p . 13 .
(10) OJ No L 151 , 10 . 6 . 1985, p . 14.
(") OJ No L 75, 30 . 3 . 1971 , p. 16 .
H OJ No L 170, 29 . 6 . 1984, p . 46 .
No L 321 /26 Official Journal of the European Communities 30 . 11 . 85
Whereas the standard quality referred to above was
defined in Article 2 of Council Regulation (EEC) No
1102/84 (■);
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
ments of certain markets make this necessary ;
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
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 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
where, for one or more months, quotations of forward
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 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
ECU and the amount of the final refund in each of the
national currencies must, in the case of colza and rape
seed, be fixed in accordance with the Annex to this Regu
lation ; whereas it is not necessary to fix a refund for
sunflower seed ;
Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Management
Committee for Oils and Fats,
Whereas Article 4 of Regulation (EEC) No 651 /71
provides for the publication of the amount of the final
refund obtained from the conversion into each of the
national currencies of the amount of the refund in ECU
plus or minus the differential amount ; whereas Article 1
of Regulation (EEC) No 1813/84 (2) defined the elements
which determine the differential amounts ; whereas these
elements are equal to the incidence on the target price or
the refund of the coefficient derived from the percentage
referred to in Article 2 ( 1 ) of Regulation (EEC) No
1569/72 ; whereas, according 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 :
— the conversion rate used under the common agri
cultural policy, and
— the conversion rate resulting from the central rate,
(b) for Italy, the United Kingdom and Greece, the diffe
rence between :
— the relationship between the conversion rate used
under the common agricultural policy for the
currency of the Member State concerned and the
central rate of each of the currencies of the
Member States referred to in (a), and
— the spot market rate for the currency of the
Member State in question in relation to each of
the currencies of the Member States referred to in
(a), as recorded over a period to be determined ;
HAS ADOPTED THIS REGULATION :
Article 1
In the case of colza and rape seed, the amounts of the
refund referred to in Article 4 ( 1 ) of Regulation (EEC) No
651 /71 shall be as set out in the Annex hereto.
The amount of the refunds in the case of advance fixing
for December 1985, January, February, March, April and
May 1986 for colza and rape seed will , however, be
confirmed or replaced as from 1 December 1985 to take
into account the indicative price which is fixed for these
products for the 1985/86 marketing year, and the amount
of the monthly increase for January, February, March,
April and March 1986 for colza and rape seed .
No refund is fixed for sunflower seed .
Whereas, however, pursuant to Article 2a of Regulation
(EEC) No 1569/72, the monetary disparity for the marke
ting years 1984/85 to 1986/87 will be calculated by a
method which takes into_account a coefficient applied to
the conversion rate resulting from the central rate ;
whereas Regulation (EEC) No 2679/85 (3) fixed the coeffi
cient ; Article 2
(') OJ No L 113, 28 . 4. 1984, p. 8 .
(2) OJ No L 170, 29 . 6 . 1984, p. 41 .
(3) OJ No L 254, 25 . 9 . 1985, p. 14 .
This Regulation shall enter into force on 1 December
1985 .
30 . 11 . 85 Official Journal of the European Communities No L 321 /27
This Regulation shall be binding in its entirety and directly applicable in all Member
States .
Done at Brussels, 29 November 1985 .
For the Commission
Frans ANDRIESSEN
Vice-President
ANNEX
to the Commission Regulation of 29 November 1985 fixing the export refunds on colza
and rape seed
(amounts per 100 kilograms)
I Currentmonth 1st month 2nd month 3rd month 4th month 5th month
1 . Gross refunds (ECU)
2. Final refunds
Seeds harvested and exported from :
;— Federal Republic of Germany (DM)
— Netherlands (Fl)
— BLEU (Bfrs/Lfrs)
— France (FF)
— Denmark (Dkr)
— Ireland (£ Irl)
— United Kingdom (£)
— Italy (Lit)
— Greece (Dr)
22,000
54,27
61,15
1 021,06
151,24
185,13
16,502
13,585
30 581
1 363,57
22,520
55,51
62,55
1 045,19
154,88
189,51
16,892
13,906
31 349
1 416,79
23,040
56,78
63,95
1 069,33
158,11
193,88
17,278
14,228
31 912
1 470,00
23,560
58,18
65,52
1 092,43
161,00
198,26
17,621
14,550
32 483
1 523,22
24,080
59,42
66,92
1 116,56
. 164,64
202,63
18,011
14,871
33 254
1 576,44
24,080
59,93
67,43
1 108,80
164,65
202,08
17,894
14,692
33 019
1 576,44
(') On the basis of the Commission's last proposal concerning the indicative price and subject to confirmation by the Council s decision.
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