CELEX: 31973R1464
Language: en
Date: 1973-05-30 00:00:00
Title: Regulation (EEC) No 1464/73 of the Commission of 30 May 1973 on detailed rules for applying the differential amounts for colza and rape seed

No L 146/ 8                                 Official Journal of the European Communities                                  4. 6 . 73
                               REGULATION (EEC) No 1464/73 OF THE COMMISSION
                                                            of 30 May 1973
                    on detailed rules for applying the differential amounts for colza and rape seed
THE COMMISSION OF THE EUROPEAN                                         Whereas the most representative spot exchange rates
COMMUNITIES,                                                           should be used for purposes of calculation ;
                                                                       Whereas, in the interests of proper administration,
Having regard to the Treaty establishing the Euro­                     detailed rules should be laid down for levying and
pean Economic Community,                                               granting the amounts ;
Having regard to Council Regulation No 136/66 /                        Whereas, for the proper functioning of these measu­
EEC (*) of 22 September 1966 on the establishment                      res, administrative provisions should be adopted
of a common organization of the market in oils and                     making it possible to determine the Member State in
fats, as last amended by the Act (2) annexed to the                    which seeds subject to intra-Community trade were
Treaty (3) concerning the Accession of new Member                      harvested ; whereas this aim may be achieved by
States to the European Economic Community and                          using in such trade the document introduced by
the European Atomic Energy Community, signed at                        Commission Regulation (EEC) No 2315/69 (6) of
Brussels on 22 January 1972 ;                                          19 November 1969 on the use of Community transit
                                                                       documents for the purpose of applying Community
                                                                       measures for verifying the use and/or destination of
Having regard to Council Regulation ( EEC) No                          goods ;
1569/72 (4) of 20 July 1972 laying down special mea­
sures for colza and rape seed, as last amended by                      Whereas Commission Regulation (EEC) No 1576/
Regulation (EEC) No 1356/73 (5 ), and in particular                    72 ( 7) of 24 July 1972 on the differential amounts
Article 7 thereof ;                                                    for colza and rape seed, as last amended by Regula­
                                                                       tion (EEC) No 1394/73 (8), should be replaced ;
Whereas following the extensive amendments made                        Whereas the measures provided for in this Regula­
to Regulation (EEC) No 1569/72 new detailed rules                      tion are in accordance with the Opinion of the
for applying that Regulation should be laid down ;                     Management Commitee for Oils and Fats ;
                                                                        HAS ADOPTED THIS REGULATION :
Whereas to ensure that the system of differential
amounts is applied in uniform manner the day to be
                                                                                                   Article 1
used for determining the amounts should be speci­
fied ; whereas for the sake of consistency the rules                   1.        The differential amounts referred to in Article 1
applicable to subsidies and export refunds should be                   of Regulation (EEC ) No 1569/72 for colza and rape
used ;                                                                 seed shall be those valid :
                                                                        ( a ) on the day on which the application for part ID
Whereas, for the purpose of applying Article 2 ( 1 ) of                        of the certificate provided for in Article 4 of
Regulation (EEC) No 1569/72, it is necessary to                                Regulation (EEC) No 2114/71 has been lodged,
specify the period during which the spot rates are to                          or if there has been no application for part ID of
be recorded, the arithmetical mean of which is used                            the certificate, on the day on which the seeds
to calculate the differential amounts ; whereas this                            have been placed under control at the oil mill,
period must be sufficiently representative as regards
 developments in the rates and must allow these rates                   ( b ) on the day on which customs formalities have
 to be followed as closely as possible when the differ­                        been completed.
 ential amounts are being fixed ; whereas as period of
 seven days, which would meet administrative require­
                                                                       2.        Differential amounts shall be calculated on the
 ments, should be used :
                                                                        basis of the weight of the seed as adjusted in accord­
                                                                        ance with the method set out in the Annex to
                                                                         Regulation ( EEC) No 1204/72.
 H OJ No 172, 30. 9. 1966 , p. 3025/66 .
 (2) OJ No L 73 , 27 . 3 . 1972 , p . 14 .
 (3) OJ No L 73 , 27. 3 . 1972 , p . 5 .                                 («) OJ No L 295 , 14 . 11 . 1969 , p . 14 .
 (4) OJ No L 167, 25 . 7. 1972 , p . 9 .                                 ( 7 ) OJ No L 167, 25 . 7. 1972, p. 21 .
 («) OJ No L 141 , 28 . 5 . 1973 , p . 28 .                              ( H) OJ No L 139, 26 . 5 . 1973 , p. 8 .
 ---pagebreak--- 4. 6. 73                             Official Journal of the European Communities                              No L 146/9
                          Article 2                                                         Article 5
                                                                When seeds harvested in the Community, other than
The period referred to in the second subparagraph of            seeds :
Article 2 ( 1 ) ( b) of Regulation (EEC) No 1569/72
shall run from the Wednesday of one week to the                 — recognized by the law of the Member State of
Tuesday of the following week. The first period to be                origin as being seed for cultivation, or
taken into consideration shall be 14 to 18 May 1973 .           — subject to denaturing according to Community
                                                                     rules,
                          Article 3                             are the subject of trade between Member States,
                                                                there shall be drawn up in the Member State where
The spot market rates against each of the currencies            the seeds have been harvested, after they have been
of the Member States who keep their exchange rates              weighed, the control copy referred to in Article 1 of
at any given moment within a band of 2-25 °/o shall             Regulation (EEC) No 2315 /69, section 31 of which
be :                                                            shall contain, in addition to the description of the
                                                                goods, one of the following endorsements :
(a) for the Italian lira : the mean of the official rates       'Graines récoltées en        '
      fixed each working day during official dealings           'Ölsaaten geerntet in        '
      on the Rome and Milan foreign exchange mar­               'Semi raccolti in       '
      kets ;
                                                                'Zaden geoogst in         '
(b) for the English pound and the Irish pound : the             'Seed harvested in        '
      average rates recorded at noon on the foreign             'Frø høstet i       '
      exchange markets of the two Member States
      concerned .                                               The following sections of the control copy shall be
                                                                completed :
                          Article 4                             ( a) section 103 :
1.      The differential amounts shall be levied or             ( b) section 104, by deleting what does not apply and
granted when the subsidy or the export refund is                      by inserting one of the following :
paid.
                                                                      'Destiné à être transformé en vue de la produc­
2.      However,                                                      tion d'huile, ou être mis en condition de ne pas
                                                                      pouvoir bénéficier de l'aide au sens de l'article
                                                                      31 du règlement ( CEE) n° 1204/72.'
( a) if the differential amount to be levied exceeds the              'Dazu bestimmt, zur Gewinnung von öl verarbei­
      amount of the subsidy to be granted, the part of                tet zu werden, daß die Beihilfe im Sinne von Ar­
      the differential amount exceeding the subsidy                   tikel 31 der Verordnung (EWG) Nr. 1204/72,
      shall be levied after the oil seeds have been pro­              nicht mehr beansprucht werden kann.'
      cessed .
                                                                      'Destinato ad essere trasformato per la produ­
( b ) or, in the case of export, if the differential                  zione di olio o ad essere messo in condizione di
      amount to be levied exceeds the amount of the                   non poter beneficiare dell'integrazione ai sensi
      refund to be granted, the part of the differential              dell'articolo 31 del regolamento ( CEE) n . 1204/
      amount exceeding the refund shall be levied                     72 .'
      when customs export formalities have been com­                  'Bestemd om het oog op de olieproduktie te wor­
       pleted .                                                       den verwerkt of om in een zodanige staat te
                                                                      worden gebracht dat zij niet meer door de steun
(c) where the subsidy has been fixed at zero, or                      in aanmerking kunnen komen in de zin van arti­
      where the refund has not been fixed, the entire                  kel 31 van Verordening (EEG) nr. 1204/72.'
      differential amount shall be levied or granted
      respectively, as appropriate, after the oil seeds                'Intended to be processed for the production of
      have been processed or when customs export                      oil or to be rendered ineligible for subsidy within
       formalities are completed .                                    the meaning of Article 31 of Regulation (EEC)
                                                                       No 1204/ 72 .'
3.      If necessary for the purpose of levying or grant­              'Bestemt til forarbejdning med henblik på frem­
ing the amounts the authority which controls the                      stilling af olie eller til at blive behandlet således,
disposal of the seeds which have been the subject of                  at de ikke kan opnå sådan støtte som nævnt i
intra-Community trade shall send a copy or photo­                      artikel 31 i forordning (EØF) nr. 1204/72.'
copy of the control copy referred to in Article 1 of
 Regulation ( EEC) No 2315 /69 to the agency respon­             The net weight of the product which has been in­
 sible for levying or granting these amounts .                   spected shall be inserted in the 'control of use and/or
 ---pagebreak--- No L 146/ 10                        Official Journal of the European Communities                            4. 6. 73
destination' section on the back of the copy under             in paragraph 1 , the proof referred to in that para­
' remarks '.                                                   graph is furnished for a quantity of seeds which is
                                                               more than 2 °/o less than the quantity for which the
                         Article 6                             deposit was lodged.
1 . The control copy provided for in Article 1 of              The amount of the security to be forfeited shall be
Regulation (EEC) No 2315 /69 shall be accompanied              calculated on the basis of the difference between the
by security of 3 units of account per 100 kg net.              quantity for which a security was lodged less 2 %>
                                                               and the quantity for which the abovementioned proof
2.     The applicant shall choose whether the security         is given.
is to be lodged in cash or in the form of a guarantee
given by an establishment which meets the criteria                                     Article 9
laid down by the Member State which issued the
copy .                                                         Where the quantity which comes under control at the
                                                               oil mill or which is exported exceeds by more than
                         Article 7                             2 °/o the quantity indicated in section 103 of the
                                                               control copy, the additional quantity shall be treated
The security shall be released when proof has been             as being imported from third countries .
furnished that the seeds in question have been dis­
posed of in one of the ways referred to in Article 5                                  Article 10
above. This proof may be given only by producing               For the purposes of applying Articles 8 and 9 , the
the control copy referred to in Article 1 of Regula­           net weight shown in section 103 of the control copy
tion ( EEC ) No 2315 /69 completed in accordance               shall be compared with the net weight indicated in
with Article 5 of this Regulation .                            that copy in accordance with the last subparagraph
                                                               of Article 5 (2).
                         Article 8
                                                                                       Article 1 1
1.     This security shall be forfeit in whole by way
of differential amount if, within nine months of its           Regulation (EEC) No 1576/72 of the Commission of
being lodged, no proof has been furnished that the             24 July 1972 on the differential amounts for colza
seeds have been disposed of in one of the ways re­              and rape seeds is repealed.
 ferred to in Article 5 above .
                                                                                       Article 12
2.     The security shall be forfeit in part by way of         This Regulation shall enter into force on 4 June
 differential amount if, within the period referred to          1973 .
               This Regulation shall be binding in its entirety and directly applicable in all Member
               States .
               Done at Brussels, 30 May 1973 .
                                                                         For the Commission
                                                                            The President
                                                                       Francois-Xavier ORTOLI