31976R0925

No L 106/ 18 Official Journal of the European Communities 23 . 4 . 76

COMMISSION REGULATION (EEC) No 925/76

of 22 April 1976

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 at Rotterdam ;

Having regard to the Treaty establishing the European Economic Community, Whereas Article 1 of that Regulation provides that when the world market price is being determined account should be taken of all offers on the world Having regard to Council Regulation , No 136/ market known to the Commission and of quotations 66/EEC of 22 September 1966 on the establishment on those exchanges which are significant for interna­ of a common organization of the market in oils and tional trade ; whereas Article 2 of Commission Regula­ fats (1), as last amended by Regulation (EEC) No tion No 225/67/EEC of 28 June 1967 on detailed 1707/73 (2), and in particular Article 27 (4) thereof, rules for determining the world market price for oil seeds (6), as last amended by Regulation (EEC) No 335/76 (7), provides that offers and quotations which do not relate to shipments to be effected within 30 Having regard to the opinion of the Monetary Committee, days following the date on which the world market price is determined should be disregarded ; whereas offers and quotations which the Commission believes, in view of general price movements or information Whereas Article 27 of Regulation No 136/66/EEC available to it, not to be representative of the real provides that a subsidy should be granted in respect of trend of the market must also be disregarded ; whereas oil seeds harvested and processed within the Commu­ offers and quotations relating to quantities of less than nity when the target price for a species of seed is 500 metric tons and offers relating to seed of a quality higher than the price on the world market ; whereas other than that normally acceptable on the world these provisions apply only in respect of colza, rape market must also be disregarded ; and sunflower seeds ;

Whereas the subsidy on oil seeds should, theoretically, Whereas Article 3 of Regulation No 225/67/EEC be equal to the difference between those two prices ; provides that of the offers and quotations taken into consideration, those for delivery c and f should be increased by 0-2 % ; whereas offers and quotations for Whereas the target price for each species of seed was delivery fas, fob or otherwise should be increased, as fixed by Council Regulation (EEC) No 657/75 of 4 appropriate, by loading, transport and insurance costs March 1975 fixing target and basic intervention prices from the point of shipment or loading to the frontier for oil seeds for the 1975/76 marketing year (3), as crossing point ; whereas cif offers and quotations for amended by Regulation (EEC) No 2505/75 (4) ; frontier crossing points other than Rotterdam should be adjusted to allow for the difference in transport costs as compared with a product delivered cif Whereas Article 29 of Regulation No 136/66/EEC Rotterdam ; whereas the Commission should take provides that the world market price, calculated for a account only of the loading, transport and insurance Community frontier crossing point, is to be deter­ costs which to its knowledge are the lowest ; whereas, mined on the basis of the most favourable purchasing finally, offers and quotations for delivery cif opportunities, quotations being adjusted where neces­ Rotterdam should be increased by 0-20 unit of sary to take account of quotations for competing account ; products ;

Whereas Article 4 of Council Regulation No 1 1 5/ Whereas Article 5 of Regulation No 115/67/EEC 67/EEC of 6 June 1967 (5) laid down criteria for deter­ provides that the world market price should be deter­ mined for seed of the standard quality for which the (!) OJ No 172, 30 . 9 . 1966, p. 3025/ 66 . target price has been fixed, delivered in bulk ; (2) OJ No L 175, 29 . 6 . 1973 , p. 5. (3 ) OJ No L 72, 20 . 3 . 1975, p. 3 . («) OJ No L 256, 2. 10 . 1975, p. 1 . (6) OJ No 136, 30 . 6. 1967, p. 2919/ 67. (5) OJ No 111 , 10. 6. 1967, p. 2196/67. (7) OJ No L 42, 18 . 2. 1976, p. 7.

23 . 4. 76 No L 106/ 19 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 for which the target price was fixed should be adjusted — the difference between the price of 100 kg of one 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 listed in that Annex, and of the characteristics of these Article 6 (2) of Regulation No 1 1 5/67/EEC provides various seeds ; that, when the amount of the adjustment is being 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 28 price should be determined on the basis of the value 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 1204/72 of 7 June 1972 laying down detailed rules for the application of the subsidy system Whereas Article 3 of Regulation No 1 1 5/67/EEC for oil seeds (3), as last amended by Regulation (EEC) provides that, where no offer or quotation can be used No 676/76 (4), provides that such adjustment should as a basis for determining the world market price and involve increasing or reducing the amount cf subsidy where it is, moreover, impossible to establish the value applicable on the day on which the application was of the oil or oil cake processed from such seed , the lodged by the difference between the target price valid world market price should be determined on the basis during the month during which the seeds were placed of the most recent known value for oil or oil cake , under control at an oil mill and the target price valid adjusted to take account of the trend of world prices on the day on which the application was lodged ; for competing products by applying to that value the rules set out in Article 2 of Regulation No 115/ 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 ( 2 ) OJ No L 282, 23 . 12 . 1971 , p. 18. adjusted by an amount not exceeding the margin (3 ) OJ No L 133 , 10 . 6 . 1972, p. 1 . between : (4 ) OJ No L 81 , 27 . 3 . 1976, p. 22.

No L 106/ 20 23 . 4 . 76 Official Journal of the European Communities

115/67/EEC ; whereas, if no offer and no price can be Whereas the target price and the monthly increases in used for such determination , the method of calcula­ the target price for oil seeds for the 1976/77 tion provided for in Article 38 of Regulation (EEC) marketing year were fixed by Regulations (EEC) No No 1204/72 should be used ; whereas the abovemen­ 812/76 (1), and (EEC) No 833/76 (2) ; tioned difference may be adjusted pursuant to Article 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 sion that the subsidy on colza, rape and sunflower Whereas the subsidy should be fixed whenever the seeds should be fixed as shown in the table annexed market situation makes it necessary and in such a way to this Regulation, as to ensure its being applied at least once a week ; whereas the subsidy may be altered whenever it becomes obvious that such alteration is necessary ; HAS ADOPTED THIS REGULATION :

Whereas, if the subsidy system is to operate normally, subsidies should be calculated on the following basis : Article 1

— in the case of currencies which are maintained in The amount of the subsidy referred to in Article 27 of relation to each other, at any given moment, Regulation No 136/66/ EEC is hereby fixed as shown within a band of 2-25 % , a rate of exchange based in the table annexed to this Regulation . on their effective parity ;

— for other currencies an exchange rate based on the arithmetic mean of the spot market rates of each Article 2 of these currencies recorded for a given period, in relation to the Community currencies referred to This Regulation shall enter into force on 23 April 1976 . in the previous subparagraph ;

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

Done at Brussels, 22 April 1976.

For the Commission

P.J. LARDINOIS

Member of the Commission

(<) OJ No L 94, 9 . 4. 1976, p. 2. (2) OJ No L 100, 14. 4. 1976, p. 12.

23 . 4. 76 Official Journal of the European Communities No L 106/21

ANNEX

to the Commission Regulation of 22 April 1976 fixing the amount of the subsidy on oil seeds

Subsidy applicable from 23 April 1976 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 9.980 5.330

Subsidy in the case of advance fixing :

— for the month of April 1976 9.980 5.330 — for the month of May 1976 9.980 5.330 9.820 5.490 — for the month of June 1976 — for the month of July 1976 9.681 5.490 9.521 — — for the month of August 1976 9.825 — — for the month of September 1976