CELEX: 31992R3849
Language: en
Date: 1992-12-31 00:00:00
Title: Commission Regulation (EEC) No 3849/92 of 29 December 1992 fixing the export refunds on olive oil

31 . 12. 92                                 Official Journal of the European Communities                            No L 390/43
                                         COMMISSION REGULATION (EEC) No 3849/92
                                                        of 29 December 1992
                                              fixing the export refunds on olive oil
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                           priate, to take account of export costs for the products on
                                                                      the world market ;
Having regard to the Treaty establishing the European
Economic Community,                                                   Whereas, in accordance with Article 5 of Regulation
                                                                      (EEC) No 1650/86, it may be decided that the refund
                                                                      shall be fixed by tender ;
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              Whereas the tendering procedure should cover the
amended by Regulation (EEC) No 2046/92 (2),                           amount of the refund and may be limited to certain coun­
                                                                      tries of destination, quantities, qualities and presenta­
                                                                      tions ;
Having regard to Council Regulation (EEC) No 1650/86
of 26 May 1986 on export refunds and levies on olive
oil (3), and in particular the first sentence of Article 3 ( 1 )      Whereas the second indent of Article 2 of Regulation
thereof,                                                              (EEC) No 1650/86 provides that the refund on olive oil
                                                                      may be varied according to destination where the world
                                                                      market situation or the specific requirements of certain
Whereas Article 20 of Regulation No 136/66/EEC                        markets make this necessary ;
provides that, where prices within the Community are
higher than world market prices, the difference between
these prices may be covered by a refund when olive oil is             Whereas Article 3 ( 1 ) of Regulation (EEC) No 1650/86
exported to third countries ;                                         provides that the refund must be fixed at least once every
                                                                       month ; whereas it may, if necessary, be altered in the
                                                                       intervening period ;
Whereas the detailed rules for fixing and granting export
refunds on olive oil are contained in Regulation (EEC) No
1650/86 and Commission Regulation (EEC) No                            Whereas it follows from applying these detailed rules to
616/72 (4), as last amended by Regulation (EEC) No                     the present situation on the market in olive oil and in
2962/77 (s) ;                                                         particular to olive oil prices within the Community and
                                                                      on the markets of third countries that the refund should
                                                                      be as set out in the Annex hereto ;
Whereas the first indent of Article 2 of Regulation (EEC)
No 1650/86 provides that the refund must be the same
for the whole Community ;                                              Whereas the representative market rates defined in Article
                                                                       1 of Council Regulation (EEC) No 381 3/92 (6) are used to
                                                                       convert amounts expressed in third country currencies
Whereas, in accordance with Article 4 of Regulation                    and are used as the basis for determining the agricultural
(EEC) No 1650/86, the refund for olive oil must be fixed               conversion rates of the Member States' currencies ;
in the light of the existing situation and outlook in rela­           whereas detailed rules on the application and determina­
tion to olive oil prices and availability on the Community             tion of these conversions were set by Commission Regu­
market and olive oil prices on the world market ;                      lation (EEC) No 3819/92 (7);
Whereas, however, where the world market situation is                  Whereas Council Regulation (EEC) No 1432/92 (8), as
such that the most favourable olive oil prices cannot be               amended by Regulation (EEC) No 2015/92 (9), prohibits
determined, account may be taken of the price of the                   trade between the Community and the Republics of
main competing vegetable oils on the world market and                  Serbia and Montenegro ; whereas this prohibition does
the difference recorded between that price and the price               not apply to certain situations as given in the limitative
of olive oil during a representative period ;                          enumeration laid down in Articles 2 and 3 ; whereas this
                                                                       should be taken into account when refunds are fixed ;
Whereas the amount of the refund may not exceed the
difference between the price of olive oil in the Commu­               Whereas the measures provided for in this Regulation are
nity and that on the world market, adjusted, where appro­              in accordance with the opinion of the Management
                                                                       Committee for Oils and Fats,
(') OJ   No  172, 30. 9 . 1966, p. 3025/66 .
(2) OJ   No  L 215, 30 . 7. 1992, p. 1 .                              (6) OJ  No  L 387,   31 . 12. 1992, p. 1 .
(') OJ   No  L 145, 30 . 5. 1986, p. 8 .                              (7) OJ  No  L 387,   31 . 12. 1992.
 4) OJ   No  L 78 , 31 . 3 . 1972, p. 1 .                             (") OJ  No  L  151 , 3 . 6. 1992, p. 4.
(5) OJ   No  L 348 , 30 . 12. 1977, p. 53 .                           0   OJ  No  L 205,   22. 7. 1992, p . 2.
 ---pagebreak--- No L 390/44                                Official Journal of the European Communities                                                31 . 12. 92
HAS ADOPTED THIS REGULATION :                                                                                   Article 2
                           Article 1
The export refunds on the products listed in Article 1 (2)
(c) of Regulation No 136/66/EEC shall be as set out in
the Annex hereto.                                                               This Regulation shall enter into force on 1 January 1993.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                Done at Brussels, 29 December 1992.
                                                                                           For the Commission
                                                                                            Ray MAC SHARRY
                                                                                       Member of the Commission
                                                                       ANNEX
                to the Commission Regulation of 29 December 1992 fixing the export refunds on
                                                                       olive oil
                                                                                                                         (ECU/100 kg)
                                       Product code                                         Amount of refund (') (2)
                                     1509 10 90 100                                                   36,00
                                     1509 10 90 900                                                   62,00
                                     1509 90 00 100                                                   46,00
                                     1509 90 00 900                                                   74,00
                                     1510 00 90 100                                                    5,50
                                     1510 00 90 900                                                   32,00
                (') For destinations mentioned in Article 34 of amended Commission Regulation (EEC) No 3665/87 as well as for
                    exports to third countries.
                (2) Refunds for exports to the Republics of Serbia and Montenegro may only be granted for humanitarian aid
                    supplied by charitable organizations fulfilling the conditions laid down in Article 2 (a) and Article 3 of Council
                    Regulation (EEC) No 1432/92.
                NB : The product codes and the footnotes are defined in amended Commission Regulation (EEC)
                       No 3846/ 87.