CELEX: 31995R0441
Language: en
Date: 1995-02-28 00:00:00
Title: COMMISSION REGULATION (EC) No 441/95 of 28 February 1995 fixing the export refunds on olive oil

1 . 3 . 95           I EN                Official Journal of the European Communities                            No L 45/39
                                       COMMISSION REGULATION (EC) No 441/95
                                                      of 28 February 1995
                                           fixing the export refunds on olive oil
THE COMMISSION OF THE EUROPEAN COMMUNITIES,                        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 the Treaty establishing the European
Community,
                                                                   Whereas the tendering procedure should cover the
                                                                   amount of the refund and may be limited to certain coun­
Having regard to Council Regulation No 136/66/EEC of               tries of destination, quantities, qualities and presenta­
22 September 1966 on the establishment of a common                 tions ;
organization of the market in oils and fats ('), as last
amended by the Act of Accession of Austria, Finland and
Sweden,
                                                                   Whereas the second indent of Article 2 of Regulation
                                                                   (EEC) No 1650/86 provides that the refund on olive oil
                                                                   may be varied according to destination where the world
Having regard to Council Regulation (EEC) No 1650/86               market situation or the specific requirements of certain
of 26 May 1986 on export refunds and levies on olive               markets make this necessary ;
oil (2), and in particular the first sentence of Article 3(1 )
thereof,                                                           Whereas Article 3 (1 ) of Regulation (EEC) No 1650/86
                                                                   provides that the refund must be fixed at least once every
                                                                   month ; whereas it may, if necessary, be altered in the
Whereas Article 20 of Regulation No 136/66/EEC                     intervening period ;
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 it follows from applying these detailed rules to
exported to third countries ;                                      the present situation on the market in olive oil and in
                                                                   particular to olive oil prices within the Community and
                                                                   on the markets of third countries that the refund should
Whereas the detailed rules for fixing and granting export          be as set out in the Annex hereto ;
refunds on olive oil are contained in Regulation (EEC) No
1650/86 and Commission Regulation (EEC) No
616/72 (3), as last amended by Regulation (EEC) No                 Whereas the representative market rates defined in Article
2962/77 (4) ;                                                       1 of Council Regulation (EEC) No 3813/92 (*), as last
                                                                   amended by Regulation (EC) No 1 50/95 (6), are used to
                                                                   convert amounts expressed in third country currencies
Whereas the first indent of Article 2 of Regulation (EEC)          and are used as the basis for determining the agricultural
No 1650/86 provides that the refund must be the same               conversion rates of the Member States' currencies ;
for the whole Community ;                                          whereas detailed rules on the application and determina­
                                                                   tion of these conversions were set by Commission Regu­
                                                                   lation (EEC) No 1068/93 f), as last amended by Regula­
Whereas, in accordance with Article 4 of Regulation                tion (EC) No 157/95 (8) ;
(EEC) No 1650/86, the refund for olive oil must be fixed
in the light of the existing situation and outlook in rela­
tion to olive oil prices and availability on the Community         Whereas Council Regulation (EEC) No 990/93 (9) prohi­
market and olive oil prices on the world market ; whereas,         bits trade between the European Community and the
however, where the world market situation is such that             Federal Republic of Yugoslavia (Serbia and Montenegro) ;
the most favourable olive oil prices cannot be determined,         whereas this prohibition does not apply in certain situa­
account may be taken of the price of the main competing            tions as comprehensively listed in Articles 2, 4, 5 and 7
                                                                   thereof ; whereas account should be taken of this fact
vegetable oils on the world market and the difference
recorded between that price and the price of olive oil             when fixing the refunds ;
during a representative period ; whereas the amount of the
refund may not exceed the difference between the price             Whereas the Management Committee for Oils and Fats
of olive oil in the Community and that on the world                has not delivered an opinion within the time limit set by
market, adjusted, where appropriate, to take account of            its chairman,
export costs for the products on the world market ;
                                                                   O   OJ  No L 387, 31 . 12. 1992, p. 1 .
(') OJ   No  172, 30. 9. 1966, p. 3025/66.                         («) OJ  No L 22, 31 . 1 . 1995, p. 1 .
(2) OJ   No L 145, 30. 5. 1986, p. 8.                              O   OJ  No L  108, 1 . 5. 1993, p. 106.
O   OJ   No L 78, 31 . 3. 1972, p. 1 .                             (8) OJ  No L 24, 1 . 2. 1995, p. 1 .
 4) OJ   No L 348, 30. 12. 1977, p. 53.                            0   OJ  No L 102, 28 . 4. 1993, p. 14.
 ---pagebreak--- No L 45/40     EN             Official Journal of the European Communities                        I. 3 . 95
           HAS ADOPTED THIS REGULATION :
                                                  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.
                                                  Article 2
           This Regulation shall enter into force on 1 March 1995.
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States.
           Done at Brussels, 28 February 1995.
                                                                  For the Commission
                                                                    Franz FISCHLER
                                                              Member of the Commission
 ---pagebreak--- 1 . 3 . 95    I EN                    Official Journal of the European Communities                                        No L 45/41
                                                              ANNEX
              to the Commission Regulation of 28 February 1995 fixing the export refunds on olive oil
                                                                                                             (ECU/100 kg)
                                  Product code                                      Amount of refund (') (2)
                                1509 10 90 100                                             42,00
                                1509 10 90 900                                               0,00
                                1509 90 00 100                                              50,50
                                1509 90 00 900                                               0,00
                                1510 00 90 100                                               9,50
                                1510 00 90 900                                               0,00
           (') For destinations mentioned in Article 34 of amended Commission Regulation (EEC) No 3665/87 as well as for
               exports to third countries.
           (2) Refunds on exports to the Federal Republic of Yugoslavia (Serbia and Montenegro) may be granted only where
               the conditions laid down in Regulation (EEC) No 990/93 are observed.
           NB : The product codes and the footnotes are defined in amended Commission Regulation (EEC)
                  No 3846/87.