31975R0797

27. 3 . 75 Official Journal of the European Communities No L 78 /43

REGULATION ( EEC) No 797 / 75 OF THE COMMISSION of 26 March 1975 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN mining world market prices for oil seeds and fixed the COMMUNITIES, frontier crossing point, fixed at Rotterdam ;

Whereas Article 1 of that Regulation provides that Having regard to the Treaty establishing the European when the world market price is being determined Economic Community ; account should be taken of all offers on the world market known to the Commission and of quotations on those exchanges which are significant for interna­ Having regard to Council Regulation No 136/ tional trade ; whereas Article 2 of Commission Regula­ 66/EEC (') of 22 September 1966 on the establish­ tion No 225/67/ EEC (6) of 28 June 1967 on detailed ment of a common organization of the market in oils rules for determining the world market price for oil and fats, as last amended by Regulation (EEC) No seeds, as last amended by the Act (7) annexed to the 1707/73 (2), and in particular Article 27 (4) thereof ; Treaty (8) on the accession of new Member States to the European Economic Community and the Euro­ pean Atomic Energy Community, signed at Brussels Having regard to the Opinion of the Monetary on 22 January 1972, provides that offers and quota­ Committee ; tions which do not relate to shipments to be effected within 30 days following the date on which the world market price is determined should be disregarded ; Whereas Article 27 of Regulation No 136/66/ EEC whereas offers and quotations which the Commission provides that a subsidy should be granted in respect of believes, in view of general price movements or infor­ oil seeds harvested and processed within the Commu­ mation available to it, not to be representative of the nity when the target price for a species of seed is real trend of the market must also be disregarded ; higher than the price on the world market ; whereas whereas offers and quotations relating to quantities of these provisions apply only in respect of colza, rape less than 500 metric tons and offers relating to seed of and sunflower seeds ; a quality other than that normally acceptable on the world market must also be disregarded ;

Whereas the subsidy on oil seeds should , theoretically, be equal to the difference between those two prices ; Whereas Article 3 of Regulation No 225/67/ EEC provides that of the offers and quotations taken into consideration, those for delivery c and f should be Whereas the target price for each species of seed was increased by 0-2 % ; whereas offers and quotations for fixed by Council Regulation (EEC) No 1 1 22/74 (3) of delivery fas, fob or otherwise should be increased, as 29 April 1974 fixing target and basic intervention appropriate, by loading, transport and insurance costs prices for oil seeds for the 1974/75 marketing year, as from the point of shipment or loading to the frontier amended by Regulation (EEC) No 2496/74 (4) ; crossing point ; whereas cif offers and quotations for frontier crossing points other than Rotterdam should be adjusted to allow for the difference in transport Whereas Article 29 of Regulation No 136/66/ EEC costs as compared with a product delivered cif provides that the world market price, calculated for a Rotterdam ; whereas the Commission should take Community frontier crossing point, is to be deter­ account only of the loading, transport and insurance mined on the basis of the most favourable purchasing costs which to its knowledge are the lowest ; whereas, opportunities, quotations being adjusted where neces­ finally, offers and * quotations for delivery cif sary to take account of quotations for competing Rotterdam should be increased by 0-20 unit of products ; account ;

Whereas Article 5 of Regulation No 115/67/ EEC Whereas Article 4 of Council Regulation No 115/ provides tHat the world market price should be deter­ 67/ EEC (5) of 6 June 1967 laid down criteria for deter­ mined for seed of the standard quality for which the target price has been fixed, delivered in bulk ; (') OJ No 172, 30 . 9 . 1966, p. 3025/66. (2) OJ No L 175 , 29 . 6. 1973 , p. 5 . (3) OJ No L 128 , 10 . 5. 1974, p. 8 . (6) OJ No 136, 30 . 6. .1967, p . 2919 / 67 . (4) OJ No L 268 , 3 . 10 . 1974, p. 1 . ( 7) OJ No L 73, 27. 3 . 1972, p. 14. (5 ) OJ No 111 , 10 . 6 . 1967, p . 2196/67. (8 ) OJ No L 73 , 27. 3 . 1972, p. 5 .

No L 78 /44. 27 . 3 . 75 Official Journal of the European Communities

whereas Article 3 of Regulation No 225/67/ EEC — the difference between the price of 100 kg of provides that offers and quotations relating to colza, rape or sunflower seeds, plus processing products presented otherwise than in bulk should be costs, and the total of the prices of the quantities adjusted by deducting the additional value resulting of oil and oil cake resulting from the processing of from that presentation ; whereas offers and quotations the type of seed in question , and relating to a quality other than the standard quality — the difference between the price of 100 kg of one for which the target price was fixed should be adjusted or more other seeds, plus processing costs, and the on the basis of the coefficients of equivalence shown total of the prices of the quantities of oil and oil in the Annex to that Regulation ; whereas, in the case cake resulting from the processing of these seeds ; of offers on the world market for qualities of colza and rape seed other than those listed in that Annex, coefficients of equivalence derived from those listed Whereas the factors to be taken into consideration for in that Annex may, pursuant to Article 4 of Regula­ the purpose of determining that margin are defined in tion No 225/67/ EEC, be applied ; whereas, when Article 8 of Regulation No 225/ 67/ EEC ; whereas no derived coefficients are being calculated, account must adjustment should be made where the margin is be taken of the differences between prices for the qual­ found to be less than 0-50 unit of account ; whereas ities of seed in question and prices for the qualities Article 6 (2) of Regulation No 115/67/ EEC provides listed in that Annex, and of the characteristics of these that, when the amount of the adjustment is being various seeds ; determined, account should be taken of the incidence of the margin in question on marketing operations of Community traders and on the disposal of the various types of seed on the world market ; whereas Article 2 of Regulation No 115/67/ EEC provides that, where no offer or quotation can be used as a basis for determining the world market price, that Whereas Council Regulation (EEC) No 2114/71 (') of price should be determined on the basis of the value 28 September 1971 on the subsidy for oil seeds, as of the average quantities of oil and oil cake resulting amended by Regulation (EEC) No 2730/71 (2 ), laid from the processing of 100 kg of seed within the down rules for granting the subsidy on oil seeds ; Community less an amount corresponding to the cost whereas under that Regulation , where the subsidy to of processing these seeds into oil and oil cake ; be granted is fixed in advance, the amount of such whereas the quantities and costs to be taken into subsidy must be equal to the amount applicable on consideration for the purposes of the calculation are the day on which the application for advance fixing fixed in Article 5 of Regulation No 225/67/ EEC ; was lodged, adjusted by the difference between the whereas the value of those quantities should be deter­ target price valid on that day and the target price valid mined in accordance with the provisions of Article 6 on the day on which the seeds are placed under of that Regulation ; control at an oil mill and, where appropriate, a correc­ tive amount ; whereas Article 36 of Commission Regu­ lation (EEC) No 1 204/72 (3 ) of 7 June 1972 laying down detailed rules for the application of the subsidy Whereas Article 3 of Regulation No 115/67/EEC system for oil seeds, as last amended by Regulation provides that, where no offer or quotation can be used ( EEC) No 1021 /74 (4), provides that such adjustment as a basis for determining the world market price and should involve increasing or reducing the amount of where it is, moreover, impossible to establish the value subsidy applicable on the day on which the applica­ of the oil or oil cake processed from such seed , the tion was lodged by the difference between the target world market price should be determined on the basis price valid during the month during which the seeds of the most recent known value for oil or oil cake, were placed under control at an oil mill and the target adjusted to take account of the trend of world prices price valid on the day on which the application was for competing products by applying to that value the lodged ; rules set out in Article 2 of Regulation No 1 1 5/ 67/ EEC ; whereas Article 7 of Regulation No 225/ Whereas Article 38 of Regulation ( EEC) No 1204/72 67/ EEC defines competing products as those oils or provides that the corrective amount must be equal to oil cakes, as the case may be, which appear to have the difference between the world market price for been offered in the largest quantities on the world colza , rape and sunflower seeds and the forward price market during the period under consideration ; for those seeds valid for a shipment effected during the month in which the seeds were placed under control at an oil mill, those prices being determined in accordance with Articles 1 , 4 and 5 of Regulation Whereas Article 6 ( 1 ) of Regulation No 115 / 67/ EEC provides that, when the world market price of a type (') OJ No L 222, 2 . 10 . 1971 , p. 2 . of seed is being determined, the price used should be (-) OJ No L 282, 23 . 12 . 1971 , p. 18 . adjusted by an amount not exceeding the margin (3 ) OJ No L 1 33 , 10 . 6 . 1972, p. 1 . between : (4 ) OJ No L 117, 30 . 4 . 1974, p. 29 .

27 . 3 . 75 Official Journal of the European Communities No L 78 / 45

1 15/67/ EEC ; whereas, if no offer and no price can be — for other currencies an exchange rate based on the used for such determination , the method of calcula­ arithmetic mean of the spot market rates of each tion provided for in Article 38 of Regulation (EEC) of these currencies recorded for a given period, in No 1204/72 should be used ; whereas the abovemen­ relation to the Community currencies referred to tioned difference may be adjusted pursuant to Article in the previous subparagraph ; 39 of Regulation (EEC) No 1204/72, account being Whereas it follows from applying all these provisions taken of prices for soya seeds on the world market ; to the offers and quotations known to the Commis­ Whereas the subsidy should be fixed whenever the sion that the subsidy on colza, rape and sunflower market situation makes it necessary and in such a way seeds should be fixed as shown in the table annexed as to ensure its being applied at least once a week ; to this Regulation , Whereas Article. 34 of Regulation (EEC)' No 1204/72 provides that the subsidy fixed previously should be HAS ADOPTED THIS REGULATION : retained if the variation in the factors used to calculate it entails an increase or reduction in that subsidy of less than 0-10 unit of account ; whereas the subsidy Article 1 may be altered whenever it becomes obvious that such The amount of the subsidy referred to in Article 27 of alteration is necessary ; Regulation No 136/66/ EEC is hereby fixed as shown Whereas, if the subsidy system is to operate normally, in the table annexed to this Regulation . subsidies should be calculated on the following basis : — in the case of currencies which are maintained in Article 2 relation to each other, at any given moment, within a band of 2 25 % , a rate of exchange based This Regulation shall enter into force on 1 April 1975 . , on their effective parity ;

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

. Done at Brussels , 26 March 1975 .

For the Commission P.J. LARDINOIS Member of the Commission

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No L 78 /46 Official Journal of the European Communities 27 . 3 . 75

ANNEX

to the Commission Regulation of 26 March 1975 fixing the amount of the subsidy on oil seeds

Subsidy applicable from 1 April 1975 to colza and rape seeds (CCT heading No ex 12.01 ) and sunflower seeds (CCT heading No ex 12.01 ) (u.a./ 100 kg)

Colza and rape seed Sunflower seed Subsidy 0.486 0

Subsidy in the case of advance fixing : 0.486 0 — for the month of April 1975 0-486 0 — for the month of May 1975 — for the month of June 1975 0-985 0 2-261 0 — for the month of July 1975 2.831 — — for the month of August 1975 — — for the month of September 1975 3.061