31990R3802

No L 365/45 28 . 12. 90 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 3802/90 of 27 December 1990 fixing the production refund for olive oil used in the manufacture of certain preserved fish and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas Council Regulation (EEC) No 3416/90 Q set the rates of consumption aid applicable in Spain and Portugal ;

Having regard to the Treaty establishing the European Economic Community, Whereas application of the above criteria results in the refund being fixed as shown below,

Having regard to the Act of Accession of Spain and Portugal,

Having regard to Council Regulation No 136/66/EEC of HAS ADOPTED THIS REGULATION : 22 September 1966 on the establishment of a common organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 3577/90 (2),

Article 1 Having regard to Council Regulation (EEC) No 591 /79 of 26 March 1979 laying down general rules relating to the production refund for olive oil used in the manufacture of For the months of January and February 1991 , the certain preserved foods (3), as last amended by Regulation amount of the production refund referred to in Article 2 (EEC) No 2903/89 (4), and in particular Articles 3 and 5 of Regulation (EEC) No 591 /79 shall be : thereof,

— ECU 110,90 per 100 kilograms for olive oil produced in the Community and utilized in Member States Whereas Article 2 of Council Regulation (EEC) No other than Spain and Portugal, 591 /79 provides for the granting of a production refund — ECU 52,44 per 100 kilograms for olive oil other than for olive oil used in the manufacture of certain preserved that referred to in the preceding indent, utilized in the fish and vegetables ; Member States other than Spain and Portugal,

— ECU 68,52 per 100 kilograms for olive oil produced in the Community and utilized in Spain, Whereas under Article 3 of the abovementioned Regula­ tion, without prejudice to the second subparagraph of — ECU 27,31 per 100 kilograms for olive oil, other than Article 7 of the said Regulation, the Commission shall fix that referred to in the preceeding indent, utilized in this refund every two months ; Spain,

— ECU 102,28 per 100 kilograms for olive oil produced in the Community and utilized in Portugal, Whereas, by virtue of Article 5 of the Regulation cited above, where the tender system is employed for fixing the — ECU 56,28 per 100 kilograms for olive oil, other than levy, the production refund shall be fixed on the basis of that referred to in the preceeding indent, utilized in the minimum levies determined under the said system for Portugal. oils falling within subheading 1 509 90 00 of the combined nomenclature ; whereas, however, if the oil employed for manufacture of the preserves was produced within the Community, the amount referred to above shall be increased by a sum equal to the consumption aid Article 2 in force on the day the said refund is applied ;

(') OJ No 172, 30. 9 . 1966, p. 3025/66. This Regulation shall enter into force on 1 January 1991 . ft OJ No L 353, 17. 12. 1990, p. 23. 0 OJ No L 78 , 30. 3. 1979, p. 2. (4) OJ No L 280, 29. 9. 1989, p. 3. O OJ No L 330, 29 . 11 . 1990, p. 6.

No L 365/46 Official Journal of the European Communities 28 . 12. 90

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

Done at Brussels, 27 December 1990.

For the Commission Ray MAC SHARRY Member of the Commission