CELEX: 31992R1397
Language: en
Date: 1992-05-28 00:00:00
Title: Commission Regulation (EEC) No 1397/92 of 27 May 1992 fixing the export refunds on oil seeds

28 . 5. 92                              Official Journal of the European Communities                             No L 146/29
                                   COMMISSION REGULATION (EEC) No 1397/92
                                                        of 27 May 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                 provides that the adjustment of the amount of aid for rape
Portugal,                                                          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 ;
 1380/92 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 (% as last amended by Regulation           Regulation (EEC) No 478/86 (u) ;
(EEC) No 2206/90 Q, 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 (®), 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 (»°) 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 (l4) ;
(2) OJ No L 162, 26. 6. 1991 , p. 27.
(3) OJ No 125, 26. 6. 1967, p. 2461 /67.
(4) OJ No L 164, 24. 6. 1985, p. 11 .
O OJ No L 147, 29. 5. 1992, p. 15.                                 Whereas Article 1 of Commission Regulation (EEC) No
(«) OJ No L 167, 25. 7. 1972, p. 9.                                651 /71 of 29 March 1971 on certain detailed rules for the
0 OJ No L 201 , 31 . 7. 1990, p. 11 .
(*) OJ No L 213, 11 . 8 . 1975, p. 1 .
O OJ No L 62, 8 . 3 . 1991 , p. 23.                                (,2) OJ No L 303, 1 . 11 . 1991 , p. 68
(10) OJ No L 162, 26. 6. 1991 , p. 31 .                            (,J) OJ No L 53, 1 . 3. 1986, p. 55.
(") OJ No L 162, 26. 6. 1991 , p. 33.                              (,4) OJ No L 237, 1 . 9. 1990, p. 7.
 ---pagebreak--- No L 146/30                              Official Journal of the European Communities                                  28 . 5. 92
application of export refunds on oil seeds ('), as last            Whereas pursuant to Article 2 (2) of Regulation (EEC) No
amended by Regulation (EEC) No 1815/84 (2), provides                1569/72 forward differential amounts are to be deter­
that the amount of the refund must be calculated on the            mined where the forward exchange rate for one or more
basis of the weight of exported seeds ; whereas this weight        currencies differs from the spot rate by at least a given
must be adjusted to take account of any differences                percentage ; whereas this percentage has been fixed at 0,5
between the percentages of moisture and impurities found           by Regulation (EEC) No 1813/84 ;
to exist and those used to define the standard quality for
which the target price is fixed ; whereas, when this adjust­       Whereas Regulation (EEC) No 1813/84 specifies the spot
ment is being made, the weight of the exported seeds               and forward exchange rates and the period to be used for
must be increased by the amount of the difference                  calculating the differential amounts ; whereas in cases
between the actual moisture and impurities content and             where, for one or more months, quotations of forward
that used to define the standard quality if the former is          exchange rates are not available, the rates adopted for the
lower than the latter ; whereas, if the opposite applies, the      previous months or the following months, as the case may
weight of the exported seeds must be reduced by the                be, must be used ;
same amount ;
                                                                   Whereas it follows from applying these provisions to the
Whereas the standard quality referred to above was                 current situation of the oil seeds market and to the rates
defined in Article 2 of Council Regulation (EEC) No                or prices of these products that, pursuant to Article 4 of
 1 102/84 0 ;                                                      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 2 of Regulation No 142/67/EEC provides             national currencies must, in the case of colza and rape
that the refund may be varied according to destination             seed, be fixed in accordance with the Annex to this Regu­
where the world market situation or the specific require­          lation ; whereas it is not necessary to fix a refund for
ments of certain markets make this necessary ;                     sunflower seed ;
Whereas Article 4 of Regulation (EEC) No 651 /71                   Whereas the support system introduced by Council Regu­
provides for the publication of the amount of the final            lation (EEC) No 3766/92 (8) establishing a support system
refund obtained from the conversion into each of the
national currencies of the amount of the refund in ecus
                                                                   per producer of soya beans, rape seed and sunflower seed,
                                                                   replaces the provisions on aid for rape seed and sunflower
plus or minus the differential amount ; whereas Article 1          seed in Regulation No 136/66/EEC ; whereas Commis­
of Commission Regulation (EEC) No 1813/84 (4), as last             sion Regulation No 59/92 of 10 January 1992 laying
amended by Regulation (EEC) No 1 539/90 (*), defined the           down a temporary provision relating to the detailed rules
elements which determine the differential amounts ;
                                                                   for the application of the subsidy system for producers of
whereas these elements are equal to the incidence on the           soya beans, rape seed and sunflower seed (9) establishes
target price reduced by 7,5 % or the refund of the coeffi­         that no exports may take place with payment of the
cient derived from the percentage referred to in Article 2         refund as from 1 July 1992 ;
(1 ) of Regulation (EEC) No 1569/72 ; whereas, according
to these provisions, this percentage represents :                  Whereas the measures provided for in this Regulation are
(a) for those Member States whose currencies are main­             in accordance with the opinion of the Management
     tained as between themselves within a spread at any           Committee for Oils and Fats,
     given moment of 2,25 %, the difference between :
     — the conversion rate used under the common agri­
         cultural policy, and                                      HAS ADOPTED THIS REGULATION :
     — the conversion rate resulting from the central rate
         of the correcting factor referred to in Article 6 ( 1 )                              Article 1
         of Council Regulation (EEC) No 1677/85 (6), as
         last amended by Regulation (EEC) No 2205/90 (7).
                                                                    1 . In the case of colza and rape seed, the amounts of
(b) In the case of Member States other than those referred         the refund referred to in Article 4 ( 1 ) of Regulation (EEC)
     to in (a), the difference between :                           No 651 /71 shall be as set out in the Annex hereto.
     — the agricultural conversion rate, and
                                                                   2.    There shall be no refund on sunflower seed.
     — the average rate of the ecu as published in the C
         Series of the Official Journal of the European            3.    Certificates fixing the export refund in advance shall
         Communities during a period to be determined,             be valid from their date of issue until the end of the
         multiplied by the factor referred to in the second        month .
         indent of (a) ;
                                                                                              Article 2
(') OJ  No   L 75, 30. 3. 1971 , p. 16.
(2) OJ  No   L 170, 29. 6. 1984, p. 46.
0   OJ  No   L 113, 28. 4. 1984, p. 8.                             This Regulation shall enter into force on 1 June 1992.
(4) OJ  No   L 170, 29. 6. 1984, p. 41 .
0   OJ  No   L 145, 8. 6. 1990, p. 20.
(<) OJ  No   L 164, 24. 6. 1985, p. 6.                             (") OJ No L 356, 24. 12. 1991 , p. 17.
o   OJ  No   L 201 , 31 . 7. 1990, p. 9.                           O OJ No L 6, 11 . 1 . 1992, p. 15.
 ---pagebreak--- 28 . 5. 92                              Official Journal of the European Communities                            No L 146/31
                   This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels, 27 May 1992.
                                                                           For the Commission
                                                                            Ray MAC SHARRY
                                                                       Member of the Commission
                                                            ANNEX
                   to the Commission Regulation of 27 May 1992 fixing the export refunds on oil
                                                               seeds
                                                                                                     (amounts per 100 kilograms)
                                                 Current    1st period 2nd period   3rd period     4th period      5th period
                                                    6            7         8             9              10             11
1 . Gross refunds (ECU):
    — Spain                                        12,500       —          —            —              —               —
    — Portugal                                     21,580       —          —            —              —               —
    — other Member States                          12,500       —          —            —
                                                                                                       —     «         —
2. Final refunds :
    Seeds harvested and exported from :
    —  Federal Republic of Germany (DM)            29,43        —          —            —              —               —
    —  Netherlands (Fl)                            33,16        —          —            —              —               —
    —  BLEU (Bfrs/Lfrs)                           606,95        —          —            —              —               —
    —  France (FF)                                 98,70        —          —            —              —               —
    —  Denmark (Dkr)                              112,25        —          —            —              —               —■
    —  Ireland (£ Irl)                             10,985       —          —            —              —               —
    —  United Kingdom (£)                            9,743      —          —            —              —               —
    —  Italy (Lit)                            22 018            —          —            —              —               —
    —  Greece (Dr)                             2 587,93         —          —            —              —               —
    —  Spain (Pta)                              1 962,29        —          —            —              —               —
    —  Portugal (Esc)                          4 749,70         —          —            —              —               —