CELEX: 31992R0497
Language: en
Date: 1992-02-29 00:00:00
Title: Commission Regulation (EEC) No 497/92 of 28 February 1992 fixing the export refunds on oil seeds

No L 55/ 50                              Official Jourpal of the European Communities                                  29 . 2. 92
                                     COMMISSION REGULATION (EEC) No 497/92
                                                      of 28 February 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 (12);
Economic Community,
                                                                   Whereas Article 27a (3) of Regulation No 136/66/EEC
Having regard to the Act of Accession of Spain and
Portugal,                                                           provides that the adjustment of the amount of aid for rape
                                                                    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 ;
3696/91 0,
Having regard to Council Regulation (EEC) No 1569/72                Whereas the refund for colza and rape seeds produced in
of 20 July 1972 laying down special measures for colza,             Spain or Portugal is adjusted in accordance with Council
rape and sunflower seed (6), as last amended by Regulation          Regulation (EEC) No 478/86 (,3) ;
(EEC) No 2206/90 f), 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 f), 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
seed which arises, where appropriate, from the system of            Whereas the abatement of the subsidy for colza and tape
                                                                    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 (H) ;
(2) OJ  No L 162, 26. 6. 1991 , p. 27.
P)  OJ  No 125, 26. 6. 1967, p. 2461 /67.
(4) OJ  No L 164, 24. 6. 1985, p. 11 .
0   OJ  No L 350, 19. 12. 1991 , p. 22.                             Whereas Article 1 of Commission Regulation (EEC) No
0   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 .
O OJ No L 62, 8 . 3. 1991 , p. 23.                                  H OJ No L 328, 30 . 11 . 1991 , p. 68 .
(,0) OJ No L 162, 26. 6. 1991 , p. 31 .                             H OJ No L 53, 1 . 3. 1986, p. 55.
(") OJ No L 162, 26. 6. 1991 , p. 33.                               (14) OJ No L 237, 1 . 9. 1990, p. 7.
 ---pagebreak--- 29 . 2. 92                               Official Journal of the European Communities                               No L 55/51
application of export refunds on oil seeds ('), as last                 — the agricultural conversion rate, and
amended by Regulation (EEC) No 1815/84 (2), provides                    — the average rate of the ecu as published in the C
that the amount of the refund must be calculated on the
basis of the weight of exported seeds ; whereas this weight                 Series of the Official Journal of the European
must be adjusted to take account of any differences                         Communities during a period to be determined,
between the percentages of moisture and impurities found                    multiplied by the factor referred to in the second
to exist and those used to define the standard quality for                  indent of (a) ;
which the target price is fixed ; whereas, when this adjust­
ment is being made, the weight of the exported seeds               Whereas pursuant to Article 2 (2) of Regulation (EEC) No
                                                                   1569/72 forward differential amounts are to be deter­
must be increased by the amount of the difference
between the actual moisture and impurities content and             mined where the forward exchange rate for one or more
that used to define the standard quality if the former is          currencies differs from the spot rate by at least a given
lower than the latter ; whereas, if the opposite applies, the      percentage ; whereas this percentage has been fixed at 0,5
weight of the exported seeds must be reduced by the                by Regulation (EEC) No 1813/84 ;
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
 defined in Article 2 of Council Regulation (EEC) No               where, for one or more months, quotations of forward
 1102/84 (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
 that the refund may be varied according to destination            Whereas it follows from applying these provisions to the
                                                                    current situation of the oil seeds market and to the rates
where the world market situation or the specific require­
 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
                                                                    ecus and the amount of the final refund in each of the
Whereas Article 4 of Regulation (EEC) No 651 /71                    national currencies must, in the case of colza and rape
 provides for the publication of the amount of the final            seed, be fixed in accordance with the Annex to this Regu­
 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
 of Commission Regulation (EEC) No 1813/84 (4), as last             Whereas Article 13 of Regulation (EEC) No 2041 /75
 amended by Regulation (EEC) No 1 539/90 (*), defined the           makes provision for the period of validity of certificates
 elements which determine the differential amounts ;                fixing refunds in advance to be reduced if the market
whereas these elements are equal to the incidence on the            situation warrants ; whereas in the interests of sound
 target price reduced by 7,5 % or the refund of the coeffi­         market management a reduction should be made ;
 cient derived from the percentage referred to in Article 2
(1) of Regulation (EEC) No 1569/72 ; whereas, according             Whereas the measures provided for in this Regulation are
 to these provisions, this percentage represents :                  in accordance with the opinion of the Management
                                                                    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
         cultural policy, and                                                                  Article 1
     — 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 Regulation (EEC) No 1677/85 (*), as last                the refund referred to in Article 4 ( 1 ) of Regulation (EEC)
         amended by Regulation (EEC) No 2205/90 F).                 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.
(3) OJ  No  L  113, 28. 4. 1984, p. 8.
(4) OJ  No  L  170, 29. 6. 1984, p. 41 .                                                       Article 2
0   OJ  No  L  145, 8. 6. 1990, p. 20.
0   OJ  No  L  164, 24. 6. 1985, p. 6.
f)  OJ  No  L  201 , 31 . 7. 1990, p. 9.                            This Regulation shall enter into force on 1 March 1992.
 ---pagebreak--- No L 55/52                              Official Journal of the European Communities                                 29. 2. 92
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 28 February 1992.
                                                                           For the Commission
                                                                            Ray MAC SHARRY
                                                                        Member of the Commission
                                                            ANNEX
                   to the Commission Regulation of 28 February 1992 fixing the export refunds on oil
                                                               seeds
                                                                                                     (amounts per 100 kilograms)
                                                 Current    1st period  2nd period   3rd period    4th period      5th period
                                                    3            4          5            6              7               8
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 (£)                            9,557        9,778    —             —             —
    —  Italy (Lit)    '                       22 018       22 508          —             —             —               —
    —  Greece (Dr)                              2 798,93    2 844,49       —             —             —               _
    —  Spain (Pta)                              1 948,61     1 990,54      —             —             —               —
    —  Portugal (Esc)                           4 613,29    4 671,30       —             —             —               —