31972R1576
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 ; — part D of the certificate provided for in Article 4 whereas an exception should however be made in of Regulation ( EEC ) No 2114/71 has been respect of the initial fixing; requested, or
— customs export formalities have been completed Whereas Article 2 of Regulation (EEC) No 1569/72 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.
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 'Destinato ad essere sottoposto al regime di compensatory amounts referred to in Article 1 of controllo di cui all'articolo 2 del regolamento Regulation ( EEC ) No 974/71 . ( 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 komen in de zin van artikel 31 van Verordening The differential amounts shall be levied or granted ( EEG) nr. 1204/72 .' when the subsidy or the export refund is paid. If 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 This proof may be given only by producing the (b) section 104, by deleting what does not apply and control copy referred to in Article 1 of Regulation by inserting one of the following : (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.
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 Article 10 the quantity for which the deposit was lodged.
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 .
Article9¶
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
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 40-95 2-96 — — — harvested in Germany — harvested in the BLEU or in the Netherlands 21-98 1-59 — — — harvested in France — — 0-32 0-02 — — 18-14 1-31 — harvested in Italy
3 . Colza ,and rape seed, processed for oil production in France or exported FF FF from that country 5-92 — — harvested in Germany — 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 —