31978R3048

No L 361 / 18 Official Journal of the European Communities 23 . 12 . 78

COMMISSION REGULATION (EEC) No 3048/78 of 22 December 1978 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 Whereas Article 1 of that Regulation provides that Economic Community, 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 136/66/EEC on those exchanges which are significant for interna­ of 22 September 1966 on the establishment of a tional trade ; whereas Article 2 of Commission Regula­ 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 1 562/78 (2), and in particular Article 27 (4) thereof, seeds (6), as last amended by Regulation (EEC) No 1513/78 (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 tonnes 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 delivery fas, fob or otherwise should be increased, as Whereas the target price and the monthly increases in appropriate, by loading, transport and insurance costs the target price for oil seeds for the 1978/79 marketing year were fixed by Regulations (EEC) No from the point of shipment or loading to the frontier crossing point ; whereas cif offers and quotations for 1291 /78 P) and (EEC) No 1 292/78 (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 moste favourable finally, offers and quotations for delivery cif purchasing opportunities, quotations being adjusted Rotterdam should be increased by 0.20 unit of where necessary to take account of quotations for account : competing products ;

Whereas Article 4 of Council Regulation (No 115/ 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 (1 ) OJ No 172, 30 . 9 . 1966, p. 3025/66. target price has been fixed, delivered in bulk ; I2) OJ No L 185, 7. 7. 1978, p. 1 . (3) OJ No L 160, 17. 6. 1978, p. 1 . (4) OJ No L 160, 17. 6. 1978, p. 3 . (6) OJ No 136, 30 . 6. 1967, p. 2919/67. (5) OJ No 111 , 10. 6. 1967, p. 2196/67. (7) OJ No L 178, 1 . 7. 1978, p. 59.

23 . 12. 78 Official Journal of the European Communities No L 361 / 19

Whereas Article 3 of Regulation No 225/67/EEC — the difference between the price of 100 kilograms provides that offers and quotations relating to of 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 representation ; whereas offers and quota­ the type of seed in question, and tions relating to a quality other than the standard — the difference between the price of 100 kilograms quality for which the target price was fixed should be of one or more other seeds, plus processing costs, adjusted on the basis of the coefficients of equivalence and the total of the prices of the quantities of oil shown in the Annex to that Regulation ; whereas, in and oil cake resulting from the processing of these the case of offers on the world market for qualities of seeds ; colza and rape seed other than those listed in that Annex, coefficients of equivalence derived from those listed in that Annex may, pursuant to Article 4 of Whereas the factors to be taken into consideration for Regulation No 225/67/EEC, be applied ; whereas, the purpose of determining that margin are defined in when derived coefficients are being calculated, Article 8 of Regulation No 225/67/EEC ; whereas no account must be taken of the differences between adjustment should be made where the margin is prices for the qualities of seed in question and prices found to be less than 0-50 unit of account ; whereas for the qualities listed in that Annex, and of the Article 6 (2) of Regulation No 115/67/EEC provides characteristics of these 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 price should be determined on the basis of the value Whereas Council Regulation (EEC) No 2114/71 of 28 of the average quantities of oil and oil cake resulting September 1971 on the subsidy for oil seeds (1), as from the processing of 100 kilograms of seed within amended by Regulation (EEC) No 851 /78 (2), laid the Community less an amount corresponding to the down rules for granting the subsidy on oil seeds ; cost of processing these seeds into oil and oil cake ; whereas under that Regulation, where the subsidy to whereas the quantities and costs to be taken into be granted is fixed in advance, the amount of such consideration for the purposes of the calculation are subsidy must be equal to the amount applicable on fixed in Article 5 of Regulation No 225/67/EEC ; the day on which the application for advance fixing whereas the value of those quantities should be deter­ was lodged, adjusted by the difference between the mined in accordance with the provisions of Article 6 target price valid on that day and the target price valid of that Regulation ; on the day on which the seeds are placed under 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 Whereas Article 3 of Regulation No 115/67/EEC detailed rules for the application of the subsidy system provides that, where no offer or quotation can be used for oil seeds (3), as last amended by Regulation (EEC) as a basis for determining the world market price and No 2980/78 (4), provides that such adjustment should where it is, moreover, impossible to establish the value involve increasing or reducing the amount of subsidy of the oil or oil cake processed from such seed, the applicable on the day on which the application was world market price should be determined on the basis lodged by the difference between the target price valid 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 for competing products by applying to that value the on the day on which the application was lodged ; 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 1 222, 2. 10. 1971 , p. 2. of seed is being determined, the price used should be (2) OJ No L 116, 28 . 4. 1978, p. 4. adjusted by an amount not exceeding the margin (3) OJ No L 133, 10 . 6. 1972, p. 1 . between : (4) OJ No L 355, 19 . 12. 1978 , p. 17.

No L 361 /20 Official Journal of the European Communities 23 . 12. 78

115/67/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 ; No 1204/72 should be used ; whereas the above Whereas it follows from applying all these provisions mentioned difference may be adjusted pursuant to to the offers and quotations known to the Commis­ Article 39 of Regulation (EEC) No 1204/72, account sion that the subsidy on colza, rape and sunflower being taken of prices for soya seeds on the world seeds should be fixed as shown in the table annexed market ; to this Regulation, Whereas the subsidy should be fixed whenever the 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, The amount of the subsidy referred to in Article 27 of subsidies should be calculated on the following basis : 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 on Article 2 their effective parity ; — for other currencies, an exchange rate based on the This Regulation shall enter into force on 25 December 1978 . arithmetic mean of the spot market rates of each

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

Done at Brussels, 22 December 1978 .

For the Commission

Finn GUNDELACH

Vice-President

23 . 12 . 78 Official Journal of the European Communities No L 361 /21

ANNEX

to the Commission Regulation of 22 December 1978 fixing the amount of the subsidy on oil seeds

Subsidy applicable from 25 December 1978 to colza and rape seed (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 12.993 11.666

Subsidy in the case of advance fixing : — for the month of December 1978 12-993 11.666 — for the month of January 1979 13-303 12.055 — for the month of February 1979 13.613 12.417 — for the month of March 1979 13.938 12-779 14.696 — — for the month of April 1979 14-696 — — for the month of May 1979