31979R2415

1 . 11 . 79 No L 275/43 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 2415/ 79 of 31 October 1979 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN mining world market prices for oil seeds and fixing COMMUNITIES, the frontier crossing point (5) fixed the said crossing point at Rotterdam ; whereas Article 1 of that Regula­ tion provides that when the world market price is being determined account should be taken of all Having regard to the Treaty establishing the European offers on the world market known to the Commission Economic Community, and of quotations on those exchanges which are signif­ icant for international trade ; whereas Article 2 of Commission Regulation No 225/67/EEC of 28 June 1967 on detailed rules for determining the world Having regard to Council Regulation No 136/66/EEC market price for oil seeds (6), as last amended by Regu­ of 22 September 1966 on the establishment of a lation (EEC) No 1 393/79 (7), provides that offers and common organization of the market in oils and quotations which do not relate to shipments to be fats ('), as last amended by Regulation (EEC) No effected within 30 days following the date on which 590/79 (2), and in particular Article 27 (4) thereof, the world market price is determined should be disre­ garded ; whereas offers and quotations which the Commission believes, in view of general price move­ ments or information available to it, not to be repre­ Having regard to the opinion of the Monetary sentative of the real trend of the market must also be Committee, disregarded ; whereas offers and quotations relating to quantities of less than 500 tonnes and offers relating to seed of a quality other than that normally accep­ Whereas Article 27 of Regulation No 136/66/EEC table on the world market must also be disregarded ; provides that a subsidy should be granted in respect of oil seeds harvested and processed within the Commu­ nity when the target price for a species of seed is higher than the price on the world market ; whereas these provisions at present apply only in respect of Whereas Article 3 of Regulation No 225/67/EEC colza, rape and sunflower seeds ; 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 subsidy on oil seeds should, theoretically, appropriate, by loading, transport and insurance costs be equal to the difference between those two prices ; from the point of shipment or loading to the frontier crossing point ; whereas cif offers and quotations for frontier crossing points other than Rotterdam should be adjusted to allow for the difference in transport and Whereas the target price and the monthly increases in insurance costs as compared with a product delivered the target price for oil seeds for the 1979 /80 cif Rotterdam ; whereas the Commission should take marketing year were fixed by Regulations (EEC) No account only of the loading, transport and insurance 1294/79 (3) and (EEC) No 1295/79 (4) ; whereas Article costs which to its knowledge are the lowest ; whereas, 29 of Regulation No 136/66/ EEC provides that the finally, offers and quotations for delivery cif world market price, calculated for a Community fron­ Rotterdam should be increased by 0-20 unit of tier crossing point, is to be determined on the basis of account ; the most favourable purchasing opportunities, quota­ tions being adjusted where necessary to take account of quotations for competing products ;

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 of 6 June 1967 laying 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 78 , 30 . 3 . 1979, p. 1 . (5) OJ No 111 , 10 . 6 . 1967, p. 2196/67. (3) OJ No L 162, 30 . 6. 1979, p. 13 . (*) OJ No 136, 30 . 6. 1967, p. 2919/67. (<) OJ No L 162, 30 . 6. 1979, p. 14. (7) OJ No L 167, 5 . 7. 1979, p. 21 .

No L 275/44 1 . 11 . 79 Official Journal of the European Communities

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 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 kilograms for which the target price was fixed should be adjusted of one or more other seeds, plus processing costs, on the basis of the coefficients of equivalence shown and the total of the prices of the quantities of oil in the Annex to that Regulation ; whereas, in the case and oil cake resulting from the processing of these of offers on the world market for qualities of colza seeds ; 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 Regula­ Whereas the factors to be taken into consideration for 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 ities of seed in question and prices for the qualities found to be . less than 0-50 unit of account ; whereas 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 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 (*), 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 Article 6 of that Regula­ target price valid on that day and the target price valid tion : 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 2340/79 (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 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 1 222, 2. 10. 1971 , p . 2. of seed is being determined, the price used should be (*) 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 267, 25. 10 . 1979, p. 13 .

1 . 11 . 79 No L 275/45 Official Journal of the European Communities

115/67/EEC ; whereas, if no offer and no price can be Whereas Council Regulation (EEC) No 652/79 of 29 used for such determination , the method of calcula­ March 1 979 (') laid down the coefficient for tion provided for in Article 38 of Regulation (EEC) expressing amounts, fixed in units of account, in No 1204/72 should be used ; whereas the above-men­ ECU ; tioned difference may be adjusted pursuant to Article 39 of Regulation (EEC) No 1204/72, account being Whereas it follows from applying these provisions to taken of prices for soya seeds on the world market ; the offers and quotations known to the Commission that the subsidy on colza, rape and sunflower seeds Whereas the subsidy should be fixed whenever the should be as set out in the Annex hereto, market situation makes it necessary and in such a way as to ensure its being applied at least once a week ; whereas the subsidy may be altered whenever it HAS ADOPTED THIS REGULATION : becomes obvious that such alteration is necessary ;

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 within Regulation No 136/66/EEC shall be as set out in the a band of 2-25 % , a rate of exchange based on Annex hereto . 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 1 November 19 79 . in the previous indent ;

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

Done at Brussels, 31 October 1979 .

For the Commission

Finn GUNDELACH Vice-President

(') OJ No L 84, 4. 4. 1979 , p. 1 .

No L 275/46 Official Journal of the European Communities 1 . 11 . 79

ANNEX

to the Commission Regulation of 31 October 1979 fixing the amount of the subsidy on oil seeds '

(ECU / 100 kg) CCT heading No Description Subsidy

ex 12 .01 Colza and rape seed 16.620 ex 12.01 Sunflower seed 20161

(ECU / 100 kg) Subsidy in the case of advance CCT fixing for the month of heading Description No November December January February March April 1979 1979 1980 1980 1980 1980

ex 12.01 Colza and rape seed 16.620 17.001 16.987 17-368 17.749 17.138 ex 12.01 Sunflower seed 20161 20-606 19.043 19.347