31992R2143

No L 214/ 16 30 . 7. 92 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2143/92 of 29 July 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 organization of the market in oils and fats ('), as last (EEC) No 1650/86 provides that the refund on olive oil amended by Regulation (EEC) No 2046/92 (2), may be varied according to destination where the world market situation or the specific requirements of certain Having regard to Council Regulation (EEC) No 1650/86 markets make this necessary ; of 26 May 1986 on export refunds and levies on olive oil (3), and in particular the first sentence of Article 3 (1 ) Whereas Article 3 ( 1 ) of Regulation (EEC) No 1650/86 thereof, provides that the refund must be fixed at least once every month ; whereas it may, if necessary, be altered in the Whereas Article 20 of Regulation No 136/66/EEC intervening period ; provides that, where prices within the Community are higher than world market prices, the difference between these prices may be covered by a refund when olive oil is Whereas it follows from applying these detailed rules to exported to third countries ; the present situation on the market in olive oil and in particular to olive oil prices within the Community and Whereas the detailed rules for fixing and granting export on the markets of third countries that the refund should refunds on olive oil are contained in Regulation (EEC) No be as set out in the Annex hereto ; 1650/86 and Commission Regulation (EEC) No 616/72 (4), as last amended by Regulation (EEC) No 2962/77 0 ; Whereas, if the refund system is to operate normally, refunds should be calculated on the following basis : Whereas the first indent of Article 2 of Regulation (EEC) — in the case of currencies which are maintained in rela­ No 1650/86 provides that the refund must be the same for the whole Community ; tion to each other at any given moment within a band of 2,25 %, a rate of exchange based on their central Whereas, in accordance with Article 4 of Regulation rate, multiplied by the corrective factor provided for in (EEC) No 1650/86, the refund for olive oil must be fixed the last paragraph of Article 3 (1 ) of Council Regula­ in the light of the existing situation and outlook in rela­ tion (EEC) No 1676/85 (6), as last amended by Regula­ tion to olive oil prices and availability on the Community tion (EEC) No 2205/90 O, market and olive oil prices on the world market ; — for the other currencies, an exchange rate based on an average of the ecu rates published in the Official Whereas, however, where the world market situation is Journal of the European Communities, C series, over such that the most favourable olive oil prices cannot be a period to be determined, multiplied by the coeffi­ determined, account may be taken of the price of the cient referred to in the preceding indent ; 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 ; Whereas Council Regulation (EEC) No 1432/92 (g), as amended by Regulation (EEC) No 2015/92 (9), prohibits Whereas the amount of the refund may not exceed the trade between the Community and the Republics of difference between the price of olive oil in the Commu­ Serbia and Montenegro ; whereas this prohibition does nity and that on the world market, adjusted, where appro­ not apply to certain situations as given in the limitative priate, to take account of export costs for the products on enumeration laid down in Articles 2 and 3 ; whereas this the world market ; should be taken into account when refunds are fixed ;

Whereas, in accordance with Article 5 of Regulation (EEC) No 1650/86, it may be decided that the refund Whereas the measures provided for in this Regulation are shall be fixed by tender ; in accordance with the opinion of the Management Committee for Oils and Fats,

(') OJ No 172, 30. 9 . 1966, p. 3025/66. (2) OJ No L 215, 30 . 7. 1992, p. 1 . (6) OJ No L 164, 24. 6. 1985, p. 1 . (3) OJ No L 145, 30 . 5. 1986, p. 8 . 0 OJ No L 201 , 31 . 7. 1990, p. 9 . (4) OJ No L 78 , 31 . 3 . 1972, p. 1 . (8) OJ No L 151 , 3 . 6. 1992, p. 4. (0 OJ No L 348, 30 . 12. 1977, p. 53. O OJ No L 205, 22. 7. 1992, p. 2.

30 . 7 . 92 Official Journal of the European Communities No L 214/ 17

HAS ADOPTED THIS REGULATION : Article 2

Article1¶

The export refunds on the products listed in Article 1 (2) (c) of Regulation No 136/66/EEC shall be as set out in the Annex hereto. This Regulation shall enter into force on 1 August 1992.

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

Done at Brussels, 29 July 1992.

For the Commission Ray MAC SHARRY Member of the Commission

ANNEX

to the Commission Regulation of 29 July 1992 fixing the export refunds on olive oil

(ECU/100 kg) Product code Amount of refund (') (2)

1509 10 90 100 40,50 1509 10 90 900 64,00 1509 90 00 100 50,50 1509 90 00 900 82,50 1510 00 90 100 11,50 1510 00 90 900 42,00

(') For destinations mentioned in Article 34 of amended Commission Regulation (EEC) No 3665/87 as well as for exports to third countries. (2) Refunds for exports to the Republics of Serbia and Montenegro may only be granted for humanitarian aid supplied by charitable organizations fulfilling the conditions laid down in Article 2 (a) and Article 3 of Council Regulation (EEC) No 1432/92.

NB : The product codes and the footnotes are defined in amended Commission Regulation (EEC) No 3846/87.