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( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 .

( 2 ) OJ NO L 78 , 30 . 3 . 1979 , P . 1 .

( 3 ) OJ NO L 331 , 28 . 11 . 1978 , P . 1 .

( 4 ) OJ NO L 222 , 2 . 10 . 1971 , P . 2 .

( 5 ) OJ NO L 116 , 28 . 4 . 1978 , P . 4 .

( 6 ) OJ NO L 133 , 10 . 6 . 1972 , P . 1 .

( 7 ) OJ NO L 267 , 25 . 10 . 1979 , P . 13 .

COMMISSION REGULATION ( EEC ) NO 333/80

OF 13 FEBRUARY 1980

AMENDING REGULATION ( EEC ) NO 1204/72 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF THE SUBSIDY SYSTEM FOR 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 ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 590/79 ( 2 ), AND IN PARTICULAR ARTICLE 27 ( 5 ) THEREOF ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2749/78 OF 23 NOVEMBER 1978 ON TRADE IN OILS AND FATS BETWEEN THE COMMUNITY AND GREECE ( 3 ), AND IN PARTICULAR ARTICLE 9 THEREOF ,

WHEREAS THE AMOUNT OF THE SECURITY REFERRED TO IN ARTICLE 9 ( 2 ) OF COUNCIL REGULATION ( EEC ) NO 2114/71 ( 4 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 851/78 ( 5 ), IS FIXED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 38 OF REGULATION NO 136/66/EEC ; WHEREAS , IN CASES WHERE ABRUPT FLUCTUATIONS IN THE PRICES FOR COLZA , RAPE AND SUNFLOWER SEEDS RENDER THE AMOUNT OF THE SECURITY EXCESSIVE OR INADEQUATE , PROVISION SHOULD BE MADE TO DEROGATE FROM THE AMOUNT FIXED FOR A LIMITED PERIOD ; WHEREAS ARTICLE 28 OF COMMISSION REGULATION ( EEC ) NO 1204/72 ( 6 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 2340/79 ( 7 ), SHOULD BE SUPPLEMENTED ACCORDINGLY ;

WHEREAS ARTICLE 29 OF REGULATION ( EEC ) NO 1204/72 PROVIDES THAT THE SECURITY REFERRED TO ABOVE IS TO BE RELEASED WHEN CERTAIN CONDITIONS ARE FULFILLED ; WHEREAS THESE CONDITIONS SHOULD BE MADE MORE FLEXIBLE IN ORDER TO COMPLY WITH THE PRINCIPLE OF PROPORTIONALITY ; WHEREAS SINCE THE EXISTING PROVISION NO LONGER APPLIES , IT IS REASONABLE TO APPLY THE AMENDED PROVISION TO ANY CASE WHERE , AT THE TIME OF ENTRY INTO FORCE OF THIS REGULATION , THE QUESTION OF THE RELEASE OF THE SECURITY HAS NOT FINALLY BEEN DECIDED UPON ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR OILS AND FATS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 1204/72 IS HEREBY AMENDED AS FOLLOWS :

1 . IN ARTICLE 14 , THE EXPRESSION ' UNITS OF ACCOUNT ' IS REPLACED BY ' ECU ' .

2 . IN ARTICLE 23 ( 2 ), THE FIGURE ' 2.4 ' IS REPLACED BY ' 5 ' .

3 . THE FOLLOWING SUBPARAGRAPH IS ADDED TO ARTICLE 28 ( 1 ):

' HOWEVER , THE COMMISSION MAY , WHERE NECESSARY , DEROGATE FROM THE AMOUNT REFERRED TO IN THE PRECEDING SUBPARAGRAPH FOR A PERIOD NOT EXCEEDING 30 DAYS . '

4 . ARTICLE 29 IS REPLACED BY THE FOLLOWING :

' ARTICLE 29

1 . THE TOTAL AMOUNT OF THE SECURITY SHALL BE RELEASED IF , WITHIN NINE MONTHS OF ITS DEPOSIT , PROOF IS FURNISHED THAT THE PRODUCTS CONCERNED HAVE BEEN PLACED UNDER THE CONTROL REFERRED TO IN ARTICLE 2 OF REGULATION ( EEC ) NO 2114/71 OR HAVE BEEN RENDERED INELIGIBLE FOR THE AID .

AT THE REQUEST OF THE PARTY CONCERNED , TO BE MADE BEFORE THE EXPIRY OF THE PERIOD REFERRED TO IN THE FOREGOING SUBPARAGRAPH , THIS PERIOD SHALL BE INCREASED TO 15 MONTHS WITH REGARD TO SUNFLOWER SEEDS AND MIXTURES CONTAINING SUCH SEEDS , TO BE USED IN THEIR NATURAL STATE FOR FEED .

2 . WHERE THE PERIODS REFERRED TO IN PARAGRAPH 1 ARE NOT OBSERVED , 10 % OF THE SECURITY SHALL BE FORFEIT IN RESPECT OF EACH MONTH , OR PART THEREOF , OF DELAY IN THE PRODUCTION OF THE SAID PROOF .

3 . IF , WITHIN THE PERIOD REFERRED TO IN PARAGRAPH 1 , THE PROOF REFERRED TO IN THE SAME PARAGRAPH IS FURNISHED FOR A QUANTITY OF SEEDS OR MIXTURES MORE THAN 2 % LESS THAN THE QUANTITY TO WHICH THE SECURITY RELATES , THE AMOUNT OF THE SECURITY RETAINED SHALL BE CALCULATED ON THE BASIS OF THE DIFFERENCE BETWEEN THE QUANTITY TO WHICH THE SECURITY RELATES REDUCED BY 2 % AND THE QUANTITY IN RESPECT OF WHICH THE ABOVE PROOF IS FURNISHED .

4 . THE TOTAL AMOUNT OF THE SECURITY SHALL BE FORFEIT ON PRODUCTS WHICH ARE PLACED UNDER THE CONTROL REFERRED TO IN ARTICLE 2 OF REGULATION ( EEC ) NO 2114/71 OR RENDERED INELIGIBLE FOR AID WITHIN THE PERIODS REFERRED TO IN PARAGRAPH 1 , AND WHICH SHOW SIGNS OF DENATURING . HOWEVER , THE SECURITY SHALL BE REIMBURSED IF PROOF IS FURNISHED THAT THE PRODUCTS IN QUESTION SHOWED THESE SAME TRACES OF DENATURING AT THE TIME OF IMPORT .

5 . FOR THE PURPOSES OF APPLYING THIS ARTICLE , THE WEIGHT ADJUSTED IN ACCORDANCE WITH THE METHOD STATED IN THE ANNEX , ASCERTAINED AT THE TIME OF IMPORT , SHALL BE COMPARED WITH :

- THE ADJUSTED WEIGHT ASCERTAINED AT THE TIME OF ARRIVAL AT THE OILMILL , OR

- THE ADJUSTED WEIGHT ASCERTAINED AT THE TIME OF ITS BEING RENDERED INELIGIBLE FOR AID , OR

- IN THE CASE OF INTRA-COMMUNITY TRADE IN THE IMPORTED PRODUCT , THE ADJUSTED WEIGHT STATED ON THE CONTROL COPY IN ACCORDANCE WITH THE LAST SUBPARAGRAPH OF ARTICLE 27 ( 2 ). '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

ARTICLE 1 ( 2 ) SHALL APPLY WITH EFFECT FROM 1 OCTOBER 1979 .

THE AMENDMENT MADE BY THIS REGULATION TO ARTICLE 29 ( 2 ) OF REGULATION ( EEC ) NO 1204/72 SHALL APPLY TO ANY SECURITY LODGED PRIOR TO THE DATE OF ENTRY INTO FORCE OF THIS REGULATION WHERE ITS RELEASE HAS NOT BEEN DECIDED UPON .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 13 FEBRUARY 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT