CELEX: 31980R0333
Language: en
Date: 1980-02-13 00:00:00
Title: 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

Avis juridique important

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31980R0333

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  

Official Journal L 037 , 14/02/1980 P. 0012 - 0013 Greek special edition: Chapter 03 Volume 27 P. 0221 

****( 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