CELEX: 31972R1576
Language: en
Date: 1972-07-24 00:00:00
Title: Regulation (EEC) No 1576/72 of the Commission of 24 July 1972 on the differential amounts for colza and rape seed

Official Journal of the European Communities                                   741
 25.7.72                             Official Journal of the European Communities                          No L 167/21
                               REGULATION (EEC) No 1576/72 OF THE COMMISSION
                                                      of 24 July 1972
                                   on the differential amounts for colza and rape seed
 THE    COMMISSION        OF    THE  EUROPEAN       COM­         Whereas, in the interests of proper administration,
 MUNITIES,                                                        detailed rules should be laid down for levying and
                                                                 granting these amounts ;
 Having regard to the Treaty establishing the                    Whereas, for the proper functioning of these
 European Economic Community;                                    measures, administrative provisions should be
                                                                 adopted making it possible to determine the Member
 Having regard to Council Regulation (EEC)             No         State in which seeds subject to intra-Community trade
 136/66/EEC1 of 22 September 1966 on                   the       were harvested ; whereas this aim may be achieved by
 establishment of a common organization of             the       using in this trade the document introduced by
market in oils and fats, as last amended                by       Commission Regulation (EEC) No 2315/694 of 19
 Regulation (EEC) No 2727/712 ;                                  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 ;
 1569/723 of 20 July 1972 laying down special
measures for colza and rape seed, and in particular              Whereas the measures provided for in this Regulation
Article 2 (2) and Article 7 thereof;                             are in accordance with the Opinion of the
                                                                 Management Committee for Oils and Fats ;
Whereas, for the purpose of applying Article 2 ( 1 ) of
Regulation (EEC) No 1569/72, it is necessary to                  HAS ADOPTED THIS REGULATION :
specify the period during which the spot rates are to
be recorded, the arithmetical mean of which is used
to calculate the differential amounts ; whereas this                                     Article 1
period must be sufficiently representative as regards
developments in the rates and must allow these rates             Member States shall levy or grant the differential
to be followed as closely as possible when the                   amounts referred to in Article 1 of Regulation (EEC)
differential amounts are being fixed, a period of                No 1569/72 for colza and rape seed for which :
seven days would meet administrative requirements;
whereas an exception should however be made in                   — part D of the certificate provided for in Article 4
                                                                     of Regulation (EEC) No 2114/71 has been
respect of the initial fixing;
                                                                     requested, or
Whereas Article 2 of Regulation (EEC) No 1569/72                 — customs export formalities have been completed
laid down criteria for determining the differential              during the period from the date of entry into force of
amounts; whereas the application of these criteria in            this Regulation until 30 June 1973 .
the light of spot rates recorded during the period
referred to in Article 2 of this Regulation results in                                   Article 2
the differential amounts being fixed at the levels
indicated in the Annex to this Regulation ;                      1 . The period referred to in the second
                                                                 subparagraph of Article 2 ( 1 ) of Regulation (EEC)
                                                                 No 1569/72 shall run from the Thursday of one
                                                                 week to the Wednesday of the following week.
1 OJ No 172, 30.9.1966, p. 3025/66.
2 OJ No L 282, 23.12.1971, p. 8 .
3 OJ No L 167, 25.7.1972, p. 9.                                  4 OJ No L 295, 24.11.1969, p. 14.
 ---pagebreak---   742                                Official Journal of the European Communities
  2. However, for the initial fixing of the differential             (EWG) Nr. 1204/72, nicht mehr beansprucht
  amounts, the period to be taken into consideration                 werden kann.'
  shall be* that used for the final fixing of the
  compensatory amounts referred to in Article 1 of                   'Destinato ad essere sottoposto al regime di
  Regulation (EEC) No 974/71 .                                       controllo di cui all'articolo 2 del regolamento
                                                                     ( CEE) n. 2114/71 o ad essere messo in
                                                                     condizione di non poter beneficiare dell'integra­
                           Article 3                                 zione ai sensi dell'articolo 31 del regolamento
                                                                     (CEE) n . 1204/72.'
 The differential amounts shall be as shown in the                  'Bestemd     om    onder   het in   artikel 2  van
  Annex.                                                            Verordening (EEG) nr 2114/72 bedoelde
                                                                     controlestelsel te worden gesteld of om in een
                          Article 4                                 zodanige staat te worden gebracht dat zij niet
                                                                    meer voor de steun in aanmerking kunnen
 The differential amounts shall be levied or granted                komen in de zin van artikel 31 van Verordening
  when the subsidy or the export refund is paid. If                 (EEG) nr. 1204/72 .'
 necessary for the purpose of levying or granting these             (Intended to be placed under the control system
 amounts the authority which controls the disposal of               provided for in Article 2 of Regulation (EEC) No
 the seeds which have been the subject of                           2114/71 or to be rendered ineligible for subsidy
 intra-Community trade shall send a copy or                         within the meaning of Article 31 of Regulation
 photocopy of the control copy referred to in Article 1             (EEC) No 1204/72).
 of Regulation (EEC) No 2315 /69 to the agency
 responsible for levying or granting these amounts .                The net weight of the product which has been
                                                                    inspected shall be inserted in the 'control of use
                                                                    and/or destination' section on the back of the
                          Article 5                                 copy under 'remarks'.
When the seeds harvested in the Community are the
subject of trade between Member States there shall                                      Article 6
be drawn up in the Member State where the seeds
have been harvested, after they have been weighed, the          1.     The control copy referred to in Article 1 of
control copy referred to in Article 1 of Regulation             Regulation (EEC) No 2315 /69 shall be accompanied
 (EEC) No 2315 /69, section 31 of which shall contain ,         by a deposit of 2 units of account per 100 kg net.
in addition to the description of the goods, one of the
following endorsements :
                                                               2. The applicant shall choose whether the deposit
' Graines recoltees en . . .'                                  is to be lodged in cash or in the form of a guarantee
                                                               given by an establishment which meets the criteria
' Ölsaaten geerntet in . . .'                                  laid down by the Member State which issued the
'Semi raccolti in . . .'                                       copy .
'Zaden geoogst in . . .'
                                                                                        Article 7
(seed harvested in . . .)
                                                               The deposit shall be released when proof has been
The following sections of the control copy shall be            furnished that the seeds in question have been
completed :                                                    disposed of in one of the ways referred to in Article 5
                                                               above .
(a) section 103
(b) section 104, by deleting what does not apply and           This proof may be given only by producing the
     by inserting one of the following :                       control copy referred to in Article 1 of Regulation
                                                               (EEC) No 2315 /69 completed in accordance with
     'Destiné à être placé sous le régime de contrôle          Article 5 of this Regulation.
     prévu à l'article 2 du règlement (CEE) no
     2114/71 ou à être mis en condition de ne pas
     pouvoir bénéficier de l'aide au sens de l'article 31                               Article 8
     du règlement ( CEE) n0 1204/72.'
     'Dazu bestimmt, der Kontrolle nach Artikel 2 der          1 . This deposit shall be forfeited in whole if,
     Verordnung (EWG) Nr. 2114/71 unterworfen                  within nine months of its being lodged, no proof has
     oder in den Zustand versetzt zu werden, daß die           been furnished that the seeds have been disposed of
     Beihilfe im Sinne von Artikel 31 der Verordnung           in one of the ways referred to in Article 5 above.
 ---pagebreak---                                    Official Journal of the European Communities                                  743
2.    The deposit shall be forfeited in part if, within       control copy, the additional quantity shall be treated
the period referred to in paragraph 1 , the proof             as being imported from third countries .
referred to in that paragraph is furnished for a
quantity of seeds which is more than 2% less than
the quantity for which the deposit was lodged.                                       Article 10
The amount of the deposit to be retained shall be             For the purposes of applying Articles 8 and 9, the net
calculated on the basis of the difference between the         weight shown in section 103 of the control copy shall
quantity for which a deposit was lodged less 2%               be compared with the net weight indicated in that
and the quantity for the abovementioned proof is              copy in accordance with the last subparagraph of
given.                                                        Article 5 .
                       Article 9                                                 Article 1 1
Where the quantity which comes under control at the           This Regulation shall enter into force on the day
oil mill or which is exported exceeds by more than            following that of its publication in the Official
2% the quantity indicated in section 103 of the               Journal of the European Communities.
             This Regulation shall be binding in its entirety and directly applicable in all Member
             States.
             Done at Brussels, 24 July 1972.
                                                                                For the Commission
                                                                                     The President
                                                                                  S. L. MANSHOLT
 ---pagebreak--- 744                                  Official Journal of the European Communities
                                                          ANNEX
                                                                            Amount to be granted Amount to be levied
                                                                                  (per 100 kg)
t.  Colza and rape seed, processed for oil production in Germany or                   DM               DM
   exported from that country
   — harvested in Germany                                                             2-29               —
   — harvested in the BLEU or in the Netherlands                                      0-93               —
   — harvested in France                                                                —
                                                                                                       0-73
   — harvested in Italy                                                                 —              2-03
2. Colza and rape seed, processed for oil production in the BLEU or in        Bfrs/Lfrs       fl Bfrs/Lfrs     fl
   the Netherlands or exported from those countries
   — harvested in Germany                                                      40-95        2-96     —         —
   — harvested in the BLEU or in the Netherlands                               21-98        1-59     —         —
   — harvested in France                                                           —          —
                                                                                                   0-32      0-02
   — harvested in Italy                                                            —          —
                                                                                                  18-14      1-31
3. Colza ,and rape seed, processed for oil production in France or exported            FF               FF
   from that country
   — harvested in Germany                                                             5-92               —
   — harvested in BLEU or in the Netherlands                                          3-68               —
   — harvested jn France                                                              1-15               —
   — harvested in Italy                                                                 —              1-34
4. Colza and rape seed, processed for oil production in Italy or exported              Lit              Lit
   from that country
   — harvested in Germany                                                             779
   — harvested in BLEU or in the Netherlands                                          520               —
   — harvested in France                                                              284               —