31973R1464

No L 146/ 8 4. 6 . 73 Official Journal of the European Communities

REGULATION (EEC) No 1464/73 OF THE COMMISSION

of 30 May 1973

on detailed rules for applying the differential amounts for colza and rape seed

THE COMMISSION OF THE EUROPEAN Whereas the most representative spot exchange rates COMMUNITIES, should be used for purposes of calculation ;

Whereas, in the interests of proper administration, Having regard to the Treaty establishing the Euro­ detailed rules should be laid down for levying and pean Economic Community, granting the amounts ;

Whereas, for the proper functioning of these measu­ Having regard to Council Regulation No 136 /66 / res, administrative provisions should be adopted EEC (*) of 22 September 1966 on the establishment making it possible to determine the Member State in of a common organization of the market in oils and which seeds subject to intra-Community trade were fats , as last amended by the Act (2 ) annexed to the harvested ; whereas this aim may be achieved by Treaty (3) concerning the Accession of new Member using in such trade the document introduced by States to the European Economic Community and Commission Regulation (EEC) No 2315/69 (6) of the European Atomic Energy Community , signed at 19 November 1969 on the use of Community transit Brussels on 22 January 1972 ; documents for the purpose of applying Community measures for verifying the use and/or destination of Having regard to Council Regulation ( EEC ) No goods ; 1569/72 (4) of 20 July 1972 laying down special mea­ sures for colza and rape seed, as last amended by Whereas Commission Regulation ( EEC) No 1576/ Regulation (EEC ) No 1356/73 (5 ), and in particular 72 ( 7) of 24 July 1972 on the differential amounts Article 7 thereof ; for colza and rape seed, as last amended by Regula­ tion (EEC) No 1394/73 (8), should be replaced ;

Whereas the measures provided for in this Regula­ Whereas following the extensive amendments made tion are in accordance with the Opinion of the to Regulation (EEC ) No 1569/72 new detailed rules Management Commitee for Oils and Fats ; for applying that Regulation should be laid down ;

HAS ADOPTED THIS REGULATION : Whereas to ensure that the system of differential amounts is applied in uniform manner the day to be Article 1 used for determining the amounts should be speci­ fied ; whereas for the sake of consistency the rules 1 . The differential amounts referred to in Article 1 applicable to subsidies and export refunds should be of Regulation (EEC ) No 1569/72 for colza and rape used ; seed shall be those valid :

( a ) on the day on which the application for part ID Whereas, for the purpose of applying Article 2 ( 1 ) of of the certificate provided for in Article 4 of Regulation (EEC) No 1569/72, it is necessary to Regulation (EEC ) No 2114/71 has been lodged, specify the period during which the spot rates are to or if there has been no application for part ID of be recorded, the arithmetical mean of which is used the certificate, on the day on which the seeds to calculate the differential amounts ; whereas this have been placed under control at the oil mill, period must be sufficiently representative as regards developments in the rates and must allow these rates ( b ) on the day on which customs formalities have to be followed as closely as possible when the differ­ been completed . ential amounts are being fixed ; whereas as period of seven days, which would meet administrative require­ 2 . Differential amounts shall be calculated on the ments , should be used : basis of the weight of the seed as adjusted in accord­ ance with the method set out in the Annex to Regulation ( EEC ) No 1204/72 .

H OJ No 172, 30. 9 . 1966 , p . 3025/66 . (2) OJ No L 73 , 27 . 3 . 1972 , p . 14 . (3) OJ No L 73 , 27. 3 . 1972 , p . 5 . («) OJ No L 295 , 14 . 11 . 1969 , p . 14 . (4) OJ No L 167, 25 . 7. 1972 , p . 9 . ( 7 ) OJ No L 167, 25 . 7. 1972, p. 21 . («) OJ No L 141 , 28 . 5 . 1973 , p . 28 . ( H) OJ No L 139, 26 . 5 . 1973 , p. 8 .

4 . 6 . 73 Official Journal of the European Communities No L 146/9

Article2¶

When seeds harvested in the Community, other than The period referred to in the second subparagraph of seeds : Article 2 ( 1 ) ( b ) of Regulation (EEC ) No 1569/72 shall run from the Wednesday of one week to the — recognized by the law of the Member State of Tuesday of the following week. The first period to be origin as being seed for cultivation, or taken into consideration shall be 14 to 18 May 1973 . — subject to denaturing according to Community rules,

Article 3 are the subject of trade between Member States, there shall be drawn up in the Member State where the seeds have been harvested, after they have been The spot market rates against each of the currencies weighed, the control copy referred to in Article 1 of of the Member States who keep their exchange rates Regulation (EEC) No 2315 /69, section 31 of which at any given moment within a band of 2-25 °/o shall be : shall contain, in addition to the description of the goods, one of the following endorsements :

(a) for the Italian lira : the mean of the official rates 'Graines récoltées en ' fixed each working day during official dealings 'Ölsaaten geerntet in ' on the Rome and Milan foreign exchange mar­ 'Semi raccolti in ' kets ; 'Zaden geoogst in '

(b) for the English pound and the Irish pound : the 'Seed harvested in ' average rates recorded at noon on the foreign 'Frø høstet i ' exchange markets of the two Member States concerned . The following sections of the control copy shall be completed :

Article4¶

1 . The differential amounts shall be levied or ( b) section 104, by deleting what does not apply and granted when the subsidy or the export refund is by inserting one of the following : paid. 'Destiné à être transformé en vue de la produc­ tion d'huile, ou être mis en condition de ne pas 2. However, pouvoir bénéficier de l'aide au sens de l'article 31 du règlement ( CEE) n° 1204/72.'

( a) if the differential amount to be levied exceeds the 'Dazu bestimmt, zur Gewinnung von öl verarbei­ amount of the subsidy to be granted, the part of tet zu werden, daß die Beihilfe im Sinne von Ar­ the differential amount exceeding the subsidy tikel 31 der Verordnung (EWG) Nr. 1204/72, shall be levied after the oil seeds have been pro­ nicht mehr beansprucht werden kann.' cessed . 'Destinato ad essere trasformato per la produ­ ( b ) or, in the case of export, if the differential zione di olio o ad essere messo in condizione di amount to be levied exceeds the amount of the non poter beneficiare dell'integrazione ai sensi refund to be granted, the part of the differential dell'articolo 31 del regolamento ( CEE) n . 1204/ amount exceeding the refund shall be levied 72 .' when customs export formalities have been com­ 'Bestemd om het oog op de olieproduktie te wor­ pleted . den verwerkt of om in een zodanige staat te worden gebracht dat zij niet meer door de steun (c) where the subsidy has been fixed at zero, or in aanmerking kunnen komen in de zin van arti­ where the refund has not been fixed, the entire kel 31 van Verordening (EEG ) nr. 1204/72 .' differential amount shall be levied or granted respectively, as appropriate, after the oil seeds 'Intended to be processed for the production of have been processed or when customs export oil or to be rendered ineligible for subsidy within formalities are completed . the meaning of Article 31 of Regulation (EEC) No 1204/ 72 .' 3 . If necessary for the purpose of levying or grant­ 'Bestemt til forarbejdning med henblik på frem­ ing the amounts the authority which controls the stilling af olie eller til at blive behandlet således, disposal of the seeds which have been the subject of at de ikke kan opnå sådan støtte som nævnt i intra-Community trade shall send a copy or photo­ artikel 31 i forordning (EØF) nr. 1204/72.' copy of the control copy referred to in Article 1 of Regulation ( EEC) No 2315 /69 to the agency respon­ The net weight of the product which has been in­ sible for levying or granting these amounts . spected shall be inserted in the 'control of use and/or

No L 146/ 10 Official Journal of the European Communities 4. 6 . 73

destination' section on the back of the copy under in paragraph 1 , the proof referred to in that para­ ' remarks '. graph is furnished for a quantity of seeds which is more than 2 °/o less than the quantity for which the Article 6 deposit was lodged .

1 . The control copy provided for in Article 1 of The amount of the security to be forfeited shall be calculated on the basis of the difference between the Regulation (EEC ) No 2315 /69 shall be accompanied by security of 3 units of account per 100 kg net. quantity for which a security was lodged less 2 %> and the quantity for which the abovementioned proof 2 . The applicant shall choose whether the security is given . is to be lodged in cash or in the form of a guarantee given by an establishment which meets the criteria Article 9 laid down by the Member State which issued the copy . Where the quantity which comes under control at the oil mill or which is exported exceeds by more than Article 7 2 °/o the quantity indicated in section 103 of the control copy, the additional quantity shall be treated The security shall be released when proof has been as being imported from third countries . furnished that the seeds in question have been dis­ Article 10 posed of in one of the ways referred to in Article 5 above. This proof may be given only by producing For the purposes of applying Articles 8 and 9 , the the control copy referred to in Article 1 of Regula­ net weight shown in section 103 of the control copy tion ( EEC ) No 2315 /69 completed in accordance shall be compared with the net weight indicated in with Article 5 of this Regulation . that copy in accordance with the last subparagraph of Article 5 (2 ). Article 8 Article 1 1 1 . This security shall be forfeit in whole by way of differential amount if, within nine months of its Regulation (EEC) No 1576/72 of the Commission of 24 July 1972 on the differential amounts for colza being lodged, no proof has been furnished that the seeds have been disposed of in one of the ways re­ and rape seeds is repealed . ferred to in Article 5 above . Article 12

2. The security shall be forfeit in part by way of This Regulation shall enter into force on 4 June 1973 . differential amount if, within the period referred to

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 30 May 1973 .

For the Commission

The President

Francois-Xavier ORTOLI