++++

COMMISSION REGULATION ( EEC ) NO 2258/83

OF 3 AUGUST 1983

AMENDING REGULATION ( EEC ) NO 2300/73 ON DETAILED RULES FOR APPLYING THE DIFFERENTIAL AMOUNTS FOR COLZA , RAPE AND SUNFLOWER SEED

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION NO 136/66/EEC OF 22 SEPTEMBER 1966 ON THE COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS ( 1 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1413/82 ( 2 ) ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1569/72 OF 20 JULY 1972 LAYING DOWN SPECIAL MEASURES FOR COLZA , RAPE AND SUNFLOWER SEED ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 2027/83 ( 4 ) , AND IN PARTICULAR ARTICLE 7 THEREOF ,

WHEREAS COUNCIL REGULATION ( EEC ) NO 2027/83 MADE A SERIES OF AMENDMENTS TO REGULATION ( EEC ) NO 1569/72 WHICH CONSIST PRINCIPALLY OF TAKING INTO CONSIDERATION , IN THE EVENT OF THE ADVANCE FIXING OF THE DIFFERENTIAL AMOUNTS , THE FORWARD EXCHANGE RATES FOR THE CURRENCIES OF THE MEMBER STATE WHERE THE DIFFERENCE BETWEEN THOSE RATES AND THE SPOT MARKET RATES EXCEEDS A THRESHOLD TO BE DETERMINED ; WHEREAS THIS THRESHOLD MUST BE DETERMINED IN SUCH A WAY AS TO PREVENT SERIOUS DISTORTIONS BETWEEN UNDERTAKINGS SITUATED IN DIFFERENT MEMBER STATES ; WHEREAS , IN ORDER TO TAKE ACCOUNT OF THIS AMENDMENT , THE NECESSARY AMENDMENTS MUST ALSO BE MADE TO THE PROCEDURE FOR APPLYING THE DIFFERENTIAL AMOUNTS ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR OILS AND FATS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 2300/73 ( 5 ) IS HEREBY AMENDED AS FOLLOWS :

1 . ARTICLE 4 IS REPLACED BY THE FOLLOWING :

" ARTICLE 4

1 . THE SPOT MARKET RATES SHALL BE BASED ON THE RATES FOR THE ECU ESTABLISHED DAILY BY THE COMMISSION IN TERMS OF THE CURRENCIES CONCERNED AND PUBLISHED IN THE " C " SERIES OF THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

2 . THE FORWARD EXCHANGE RATES SHALL BE BASED ON THE SPOT MARKET RATES FOR THE ECU CALCULATED DAILY BY THE COMMISSION ON THE BASIS OF INFORMATION RECORDED ON THE EXCHANGE MARKETS .

3 . WHERE , FOR ONE OR MORE MONTHS , FORWARD EXCHANGE RATES ARE NOT AVAILABLE , THE RATE ADOPTED FOR THE PREVIOUS MONTH OR THE FOLLOWING MONTH , AS THE CASE MAY BE , SHALL BE USED . "

2 . ARTICLE 5 ( 3 ) IS REPLACED BY THE FOLLOWING :

" 3 . WHERE FORWARD DIFFERENTIAL AMOUNTS ARE DETERMINED , THEY SHALL APPLY ONLY WHERE THE SUBSIDY OR REFUND HAS BEEN FIXED IN ADVANCE . IN SUCH A CASE ACCOUNT SHALL BE TAKEN OF THE AMOUNT VALID ON THE DAY ON WHICH THE APPLICATION FOR PART AP OF THE COMMUNITY SUBSIDY CERTIFICATE OR , AS THE CASE MAY BE , FOR THE EXPORT CERTIFICATE INVOLVING ADVANCE FIXING OF THE REFUND IS LODGED AND WHICH REFERS TO THE MONTH OF LODGMENT OF PART ID OF THE COMMUNITY SUBSIDY CERTIFICATE OR , AS THE CASE MAY BE , THE DAY OF COMPLETION OF THE CUSTOMS EXPORT FORMALITIES . "

3 . THE FOLLOWING ARTICLE 5A IS INSERTED :

" ARTICLE 5A

1 . THE PERCENTAGE REFERRED TO IN ARTICLE 2 ( 2 ) OF REGULATION ( EEC ) NO 1569/72 SHALL BE 2,5 . IT SHALL APPLY EQUALLY TO THE CORRECTIVE COMPONENTS OF THE TARGET PRICE , THE SUBSIDY OR THE EXPORT REFUND AND TO THE DIFFERENTIAL COMPONENT .

2 . THE PERIOD DURING WHICH THE FORWARD EXCHANGE RATES ARE RECORDED SHALL RUN FROM WEDNESDAY OF ONE WEEK TO TUESDAY OF THE FOLLOWING WEEK . "

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY FROM 10 AUGUST 1983 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 3 AUGUST 1983 .

FOR THE COMMISSION

POUL DALSAGER

MEMBER OF THE COMMISSION

( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 .

( 2 ) OJ NO L 162 , 12 . 6 . 1982 , P . 6 .

( 3 ) OJ NO L 167 , 25 . 7 . 1972 , P . 9 .

( 4 ) OJ NO L 199 , 22 . 7 . 1983 , P . 14 .

( 5 ) OJ NO L 236 , 24 . 8 . 1973 , P . 28 .