31992R1397

28 . 5. 92 No L 146/29 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1397/92 of 27 May 1992 fixing the export refunds on oil seeds

THE COMMISSION OF THE EUROPEAN COMMUNITIES, maximum guaranteed quantities for the 1991 /92 marke­ ting year, has been fixed by Commission Regulation Having regard to the Treaty establishing the European (EEC) No 3207/91 (12) ; Economic Community,

Whereas Article 27a (3) of Regulation No 136/66/EEC Having regard to the Act of Accession of Spain and provides that the adjustment of the amount of aid for rape Portugal, seed produced in Spain for the 1991 /92 marketing year shall be fixed so that the adjusted target price is the same Having regard to Council Regulation No 136/66/EEC of in Spain as in the Community as constituted at 31 22 September 1966 on the establishment of a common December 1985 ; organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 1720/91 (2), Whereas Article 28 of Regulation No 136/66/EEC Having regard to Council Regulation No 142/67/EEC of provides that a refund may be granted on exports to third 21 June 1967 on export refunds on colza, rape and countries of oil seeds harvested within the Community ; sunflower seeds (3), as last amended by the Act of Acces­ whereas the amount of this refund may not exceed the sion of Greece, and in particular the first sentence of difference between prices within the Community and Article 2 (3) thereof, prices on the world market where the former are higher than the latter ; whereas Article 21 of Regulation No Having regard to Council Regulation (EEC) No 1678/85 136/66/EEC provides that, at present, Article 28 of that of 11 June 1985 fixing the conversion rates to be applied Regulation applies only to colza, rape and sunflower in agriculture (4), as last amended by Regulation (EEC) No seeds ; 1380/92 0,

Whereas the refund for colza and rape seeds produced in Having regard to Council Regulation (EEC) No 1569/72 Spain or Portugal is adjusted in accordance with Council of 20 July 1972 laying down special measures for colza, Regulation (EEC) No 478/86 (u) ; rape and sunflower seed (% as last amended by Regulation (EEC) No 2206/90 Q, and in particular Article 2 (3) thereof, Whereas Article 3 of Regulation No 142/67/EEC provides that when the refund is being calculated account must be Having regard to Commission Regulation (EEC) No taken of prices ruling on the various Community markets 2041 /75 of 25 July 1975 on special detailed rules for the which are representative from the point of view of proces­ application of the system of import and export licences sing and exportation ; the most favourable quotations and advance fixing certificates for oils and fats (8), as last recorded on the various markets of importing third coun­ amended by Regulation (EEC) No 557/91 (®), and in parti­ tries and costs incurred in placing the goods on the world cular Article 13 thereof, market ; whereas, when the amount of the refund is being fixed, account must also be taken of the level of market Having regard to the opinion of the Monetary Committee, prices within the Community for the oil seeds referred to in Article 21 of Regulation No 136/66/EEC and the Whereas the target price and the monthly increases in the future trend of these prices ; whereas, furthermore, target price for colza, rape and sunflower seed for the account should be taken of the economic aspect of the 1991 /92 marketing year were fixed by Council Regula­ proposed exports and the situation in the Community tions (EEC) No 1722/91 (»°) and (EEC) No 1723/91 (") ; regarding the supply of and demand for these seeds ;

Whereas the abatement of the subsidy for colza and rape Whereas the abatement of the subsidy for colza and tape seed which arises, where appropriate, from the system of seed wich arises from the system of maximum guaranteed quantities for the 1990/91 marketing year has been fixed (') OJ No 172, 30. 9. 1966, p. 3025/66. by Commission Regulation (EEC) No 2509/90 (l4) ; (2) OJ No L 162, 26. 6. 1991 , p. 27. (3) OJ No 125, 26. 6. 1967, p. 2461 /67. (4) OJ No L 164, 24. 6. 1985, p. 11 . O OJ No L 147, 29. 5. 1992, p. 15. Whereas Article 1 of Commission Regulation (EEC) No («) OJ No L 167, 25. 7. 1972, p. 9. 651 /71 of 29 March 1971 on certain detailed rules for the 0 OJ No L 201 , 31 . 7. 1990, p. 11 . (*) OJ No L 213, 11 . 8 . 1975, p. 1 . O OJ No L 62, 8 . 3 . 1991 , p. 23. (,2) OJ No L 303, 1 . 11 . 1991 , p. 68 (10) OJ No L 162, 26. 6. 1991 , p. 31 . (,J) OJ No L 53, 1 . 3. 1986, p. 55. (") OJ No L 162, 26. 6. 1991 , p. 33. (,4) OJ No L 237, 1 . 9. 1990, p. 7.

No L 146/30 Official Journal of the European Communities 28 . 5. 92

application of export refunds on oil seeds ('), as last Whereas pursuant to Article 2 (2) of Regulation (EEC) No amended by Regulation (EEC) No 1815/84 (2), provides 1569/72 forward differential amounts are to be deter­ that the amount of the refund must be calculated on the mined where the forward exchange rate for one or more basis of the weight of exported seeds ; whereas this weight currencies differs from the spot rate by at least a given must be adjusted to take account of any differences percentage ; whereas this percentage has been fixed at 0,5 between the percentages of moisture and impurities found by Regulation (EEC) No 1813/84 ; to exist and those used to define the standard quality for which the target price is fixed ; whereas, when this adjust­ Whereas Regulation (EEC) No 1813/84 specifies the spot ment is being made, the weight of the exported seeds and forward exchange rates and the period to be used for must be increased by the amount of the difference calculating the differential amounts ; whereas in cases between the actual moisture and impurities content and where, for one or more months, quotations of forward that used to define the standard quality if the former is exchange rates are not available, the rates adopted for the lower than the latter ; whereas, if the opposite applies, the previous months or the following months, as the case may weight of the exported seeds must be reduced by the be, must be used ; same amount ; Whereas it follows from applying these provisions to the Whereas the standard quality referred to above was current situation of the oil seeds market and to the rates defined in Article 2 of Council Regulation (EEC) No or prices of these products that, pursuant to Article 4 of 1 102/84 0 ; Regulation (EEC) No 651 /71 , the amount of the refund in ecus and the amount of the final refund in each of the Whereas Article 2 of Regulation No 142/67/EEC provides national currencies must, in the case of colza and rape that the refund may be varied according to destination seed, be fixed in accordance with the Annex to this Regu­ where the world market situation or the specific require­ lation ; whereas it is not necessary to fix a refund for ments of certain markets make this necessary ; sunflower seed ;

Whereas Article 4 of Regulation (EEC) No 651 /71 Whereas the support system introduced by Council Regu­ provides for the publication of the amount of the final lation (EEC) No 3766/92 (8) establishing a support system refund obtained from the conversion into each of the per producer of soya beans, rape seed and sunflower seed, national currencies of the amount of the refund in ecus replaces the provisions on aid for rape seed and sunflower plus or minus the differential amount ; whereas Article 1 seed in Regulation No 136/66/EEC ; whereas Commis­ of Commission Regulation (EEC) No 1813/84 (4), as last sion Regulation No 59/92 of 10 January 1992 laying amended by Regulation (EEC) No 1 539/90 (*), defined the down a temporary provision relating to the detailed rules elements which determine the differential amounts ; for the application of the subsidy system for producers of whereas these elements are equal to the incidence on the soya beans, rape seed and sunflower seed (9) establishes target price reduced by 7,5 % or the refund of the coeffi­ that no exports may take place with payment of the cient derived from the percentage referred to in Article 2 refund as from 1 July 1992 ; (1 ) of Regulation (EEC) No 1569/72 ; whereas, according to these provisions, this percentage represents : Whereas the measures provided for in this Regulation are (a) for those Member States whose currencies are main­ in accordance with the opinion of the Management Committee for Oils and Fats, tained as between themselves within a spread at any given moment of 2,25 %, the difference between : — the conversion rate used under the common agri­ HAS ADOPTED THIS REGULATION : cultural policy, and — the conversion rate resulting from the central rate of the correcting factor referred to in Article 6 ( 1 ) Article 1 of Council Regulation (EEC) No 1677/85 (6), as last amended by Regulation (EEC) No 2205/90 (7). 1 . In the case of colza and rape seed, the amounts of (b) In the case of Member States other than those referred the refund referred to in Article 4 ( 1 ) of Regulation (EEC) to in (a), the difference between : No 651 /71 shall be as set out in the Annex hereto. — the agricultural conversion rate, and 2. There shall be no refund on sunflower seed. — the average rate of the ecu as published in the C Series of the Official Journal of the European 3. Certificates fixing the export refund in advance shall Communities during a period to be determined, be valid from their date of issue until the end of the multiplied by the factor referred to in the second month . indent of (a) ;

Article 2 (') OJ No L 75, 30. 3. 1971 , p. 16. (2) OJ No L 170, 29. 6. 1984, p. 46. 0 OJ No L 113, 28 . 4. 1984, p. 8 . This Regulation shall enter into force on 1 June 1992. (4) OJ No L 170, 29. 6. 1984, p. 41 . 0 OJ No L 145, 8. 6. 1990, p. 20. (<) OJ No L 164, 24. 6. 1985, p. 6. (") OJ No L 356, 24. 12. 1991 , p. 17. o OJ No L 201 , 31 . 7. 1990, p. 9 . O OJ No L 6, 11 . 1 . 1992, p. 15.

28 . 5. 92 Official Journal of the European Communities No L 146/31

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

Done at Brussels, 27 May 1992.

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 27 May 1992 fixing the export refunds on oil seeds

(amounts per 100 kilograms) Current 1st period 2nd period 3rd period 4th period 5th period 6 7 8 9 10 11

1 . Gross refunds (ECU):

— — — — — — Spain 12,500 21,580 — — — — — — Portugal — other Member States — — — — « — 12,500 2. Final refunds : Seeds harvested and exported from :

— — — — — — Federal Republic of Germany (DM) 29,43 33,16 — — — — — — Netherlands (Fl) — — — — — — BLEU (Bfrs/Lfrs) 606,95 — — — — — — France (FF) 98,70 — — — — — ■ — Denmark (Dkr) 112,25 10,985 — — — — — — Ireland (£ Irl) — — — — — — United Kingdom (£) 9,743 22 018 — — — — — — Italy (Lit) — — — — — — Greece (Dr) 2 587,93 — — — — — — Spain (Pta) 1 962,29 4 749,70 — — — — — — Portugal (Esc)