31976R1713

16 . 7 . 76 Official Journal of the European Communities No L 192/ 17

COMMISSION REGULATION ( EEC) No 1713 / 76

of 15 July 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 market known to the Commission and of quotations Having regard to Council Regulation No 136/ on those exchanges which are significant for interna­ 66/EEC of 22 September 1966 on the establishment tional trade ; whereas Article 2 of Commission Regula­ of a common organization of the market in oils and tion No 225/67/ EEC of 28 June 1967 on detailed fats ('), as last amended by Regulation (EEC) No rules for determining the world market price for oil 1707/73 (2), and in particular Article 27 (4) thereof, seeds (6), as last amended by Regulation (EEC) No 1 703/76 (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 days following the date on which the world market Committee, 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 and the monthly increases in delivery fas, fob or otherwise should be increased, as the target price for oil seeds for the 1976/77 appropriate, by loading, transport and insurance costs marketing year were fixed by Regulations ( EEC) No from the point of shipment or loading to the frontier 812/76 (3 ) and ( EEC) No 833 /76 (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 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 115/ Whereas Article 5 of Regulation No 1 1 5/67/ 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 . (*) OJ No L 94, 9 . 4 . 1976, p . 2 . (•»). OJ No L 100, 14 . 4 . 1976, p . 12 . (*) OJ No 136, 30 . 6: 1967 , p. 2919/ 67 . (») OJ No 111 , 10 . 6. 1967, p . 2196/ 67 . ( 7) OJ No L 191 , 1.5 . 7 . 1976, p . 15 .

No L 192/ 18 Official Journal of the European Communities 16 . 7 . 76

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 on the basis of the coefficients of equivalence shown or more other seeds, plus processing costs, and the in the Annex to that Regulation ; whereas, in the case total of the prices of the quantities of oil and oil of offers on the world market for qualities of colza cake resulting from the processing of these seeds ; 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 tion No 225/67/ EEC, be applied ; whereas, when the purpose of determining that margin are defined in derived coefficients are being calculated , account must Article 8 of Regulation No 225/67/ EEC ; whereas no be taken of the differences between prices for the qual­ adjustment should be made where the margin is 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 115/67/ 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 Whereas Article 2 of Regulation No 115/67/ EEC types of seed on the world market ; 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 21 14/71 of 28 price should be determined on the basis of the value of the average quantities of oil and oil cake resulting September 1971 on the subsidy for oil seeds ('), as 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 ; whereas the quantities , and costs to be taken into be granted is fixed in advance, the amount of such 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 115/67/ EEC provides that, where no offer or quotation can be used for oil seeds (3 ), as last amended by Regulation (EEC) No 676/76 (4), provides that such adjustment should as a basis for determining the world market price and where it is , moreover, impossible to establish the value involve increasing, or reducing the amount of subsidy 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 of the most recent known value for oil or oil cake , during the month during which the seeds were placed adjusted to take account of the trend of world prices under control at an oil mill and the target price valid 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 : («) OJ No L 81 , 27. 3 . 1976 , p . 22 .

16 . 7 . 76 Official Journal of the European Communities No L 192/ 19

1 15/67/ EEC ; whereas, if no offer and no price can be of these currencies recorded for a given period , in used for such determination , the method of calcula­ relation to the Community currencies referred to tion provided for in Article 38 of Regulation (EEC) in the previous subparagraph ; ^o 1204/72 should be used ; whereas the abovemen­ Whereas it follows from applying all these provisions tioned difference may be adjusted pursuant to Article to the offers and quotations known to the Commis­ 39 of Regulation (EEC) No 1204/72, account being sion that the subsidy on colza, rape and sunflower taken of prices for soya seeds on the world market ; seeds should be fixed as shown in the table annexed Whereas the subsidy should be fixed whenever the to this Regulation, market situation makes it necessary and in such a way as to ensure its being applied at least once a week ; HAS ADOPTED THIS REGULATION : whereas the subsidy may be altered whenever it becomes obvious that such alteration is necessary ; Article 1 Whereas, if the subsidy system is to operate normally, subsidies should be calculated on the following basis : The amount of the subsidy referred to in Article 27 of Regulation No 136/66/EEC is hereby fixed as shown — in the case of currencies which are maintained in in the table annexed to this Regulation . relation to each other, at any given moment, within a band of 2 25 % , a rate of exchange based Article 2 on their effective parity ; — for other currencies an exchange rate based on the This Regulation shall enter into force on 16 July arithmetic mean of the spot market rates of each 1976 .

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

Done at Brussels, 15 July 1976 .

For the Commission

P. J. LARDINOIS

Member of the Commission

No L 192 / 20 Official Journal of the European Communities 16 . 7 . 76

ANNEX

to the Commission Regulation of 15 July 1976 fixing the amount of the subsidy on oil seeds

Subsidy applicable from 16 July 1976 to colza and rape seeds (CCT heading No ex 12.01 ) and sunflower seeds (CCT heading No ex 12.01 ) (u.a./ lOO kg)

Colza and rape seed Sunflower seed

Subsidy 4-403 4-503

Subsidy in the case of advance fixing : — for the month of July 1976 4-403 4-503 — for the month of August 1976 4-403 4-451 — for the month of September 1976 4-546 4-526 — for the month of October 1976 4-689 4-526 — for the month of November 1976 4-831 — for the month of December 19^6 5-135