31992R1051

No L 111 / 10 Official Journal of the European Communities 29 . 4. 92

COMMISSION REGULATION (EEC) No 1051/92 of 28 April 1992 fixing the export refunds on olive oil

THE COMMISSION OF THE EUROPEAN COMMUNITIES, Whereas the tendering procedure should cover the amount of the refund and may be limited to certain coun­ Having regard to the Treaty establishing the European tries of destination, quantities, qualities and presenta­ Economic Community, tions ;

Having regard to Council Regulation No 136/66/EEC of Whereas the second indent of Article 2 of Regulation 22 September 1966 on the establishment of a common (EEC) No 1650/86 provides that the refund on olive oil organization of the market in oils and fats ('), as last may be varied according to destination where the world amended by Regulation (EEC) No 1720/91 (2), market situation or the specific requirements of certain markets make this necessary ; Having regard to Council Regulation (EEC) No 1650/86 of 26 May 1986 on export refunds and levies on olive Whereas Article 3 ( 1 ) of Regulation (EEC) No 1650/86 oil (3), and in particular the first sentence of Article 3 (1 ) provides that the refund must be fixed at least once every thereof, month ; whereas it may, if necessary, be altered in the intervening period ; Having regard to the opinion of the Monetary Committee,

Whereas Article 20 of Regulation No 136/66/EEC Whereas it follows from applying these detailed rules to provides that, where prices within the Community are the present situation on the market in olive oil and in higher than world market prices, the difference between particular to olive oil prices within the Community and on the markets of third countries that the refund should these prices may be covered by a refund when olive oil is exported to third countries ; be as set out in the Annex hereto ;

Whereas the detailed rules for fixing and granting export Whereas, if the refund system is to operate normally, refunds on olive oil are contained in Regulation (EEC) No refunds should be calculated on the following basis : 1650/86 and Commission Regulation (EEC) No — in the case of currencies which are maintained in rela­ 616/72 (4), as last amended by Regulation (EEC) No tion to each other at any given moment within a band 2962/77 0 ; of 2,25 % , a rate of exchange based on their central Whereas the first indent of Article 2 of Regulation (EEC) rate, multiplied by the corrective factor provided for in No 1650/86 provides that the refund must be the same the last paragraph of Article 3 ( 1 ) of Council Regula­ for the whole Community ; tion (EEC) No 1676/85 (6), as last amended by Regula­ tion (EEC) No 2205/90 0, Whereas, in accordance with Article 4 of Regulation — for the other currencies, an exchange rate based on an (EEC) No 1650/86, the refund for olive oil must be fixed average of the ecu rates published in the Official in the light of the existing situation and outlook in rela­ Journal of the European Communities, C series, over tion to olive oil prices and availability on the Community a period to be determined, multiplied by the coeffi­ market and olive oil prices on the world market ; cient referred to in the preceding indent ;

Whereas, however, where the world market situation is Whereas the measures provided for in this Regulation are such that the most favourable olive oil prices cannot be in accordance with the opinion of the Management determined, account may be taken of the price of the Committee for Oils and Fats, main competing vegetable oils on the world market and the difference recorded between that price and the price of olive oil during a representative period ; HAS ADOPTED THIS REGULATION : Whereas the amount of the refund may not exceed the difference between the price of olive oil in the Commu­ Article 1 nity and that on the world market, adjusted, where appro­ priate, to take account of export costs for the products on The export refunds on the products listed in Article 1 (2) the world market ; (c) of Regulation No 136/66/EEC shall be as set out in the Annex hereto . Whereas, in accordance with Article 5 of Regulation (EEC) No 1650/86, it may be decided that the refund shall be fixed by tender ; Article 2

(') OJ No 172, 30. 9 . 1966, p. 3025/66. This Regulation shall enter into force on 1 May 1992. 0 OJ No L 162, 26. 6. 1991 , p. 27. O OJ No L 145, 30 . 5. 1986, p. 8 . (4) OJ No L 78, 31 . 3. 1972, p. 1 . (6) OJ No L 164, 24. 6. 1985, p. 1 . O OJ No L 348, 30. 12. 1977, p. 53 . 0 OJ No L 201 , 31 . 7. 1990, p. 9 .

29 . 4. 92 Official Journal of the European Communities No L 111 / 11

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

Done at Brussels, 28 April 1992.

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 28 April 1992 fixing the export refunds on olive oil

(ECU/100 kg) Product code Amount of refund (')

1509 10 90 100 33,00 1509 10 90 900 62,00 1509 90 00 100 45,00 1509 90 00 900 72,00 1510 00 90 100 9,00 1510 00 90 900 40,00

(') For destinations mentioned in Article 34 of amended Commission Regulation (EEC) No 3665/87 (OJ No L 351 , 14. 12. 1987, p. 1 ), as well as for exports to third countries.

NB : The product codes and the footnotes are defined in amended Commission Regulation (EEC) No 3846/87 (OJ No L 366, 24. 12. 1987, p. 1 ).