31981R1813

2. 7. 81 Official Journal of the European Communities No L 181 /33

COMMISSION REGULATION (EEC) No 1813/81 of 1 July 1981 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), as last amended by Regulation (EEC) No 1779/81 (6) fixed the said crossing point at Rotterdam ; whereas Article 1 of that Regulation provides that when the world market price Having regard to the Treaty establishing the European is being determined account should be taken of all Economic Community, offers on the world market known to the Commission 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 Having regard to Council Regulation No 136/66/EEC 1967 on detailed rules for determining the world of 22 September 1966 on the establishment of a market price for oil seeds (7), as last amended by Regu­ common organization of the market in oils and lation (EEC) No 1744/80 (8), provides that offers and fats (1), as last amended by Regulation (EEC) No quotations which do not relate to shipments to be 3454/80 (2), and in particular Article 27 (4) thereof, effected within 30 days following the date on which the world market price is determined should be disre­ garded ; whereas offers and quotations which the Commission believes, in view of general price move­ Having regard to the opinion of the Monetary Committee, ments or information available to it, not to be repre­ sentative of the real trend of the market must also be disregarded ; whereas offers and quotations relating to quantities of less than 500 tonnes and offers relating Whereas Article 27 of Regulation No 136/66/EEC to seed of a quality other than that normally accep­ provides that a subsidy should be granted in respect of table on the world market must also be disregarded ; 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 Whereas the subsidy on oil seeds should, theoretically, delivery fas, fob or otherwise should be increased, as be equal to the difference between those two prices ; appropriate, by loading, transport and insurance costs 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 Whereas the target price and the monthly increases in be adjusted to allow for the difference in transport and the target price for oil seeds for the 1981 /82 insurance costs as compared with a product delivered marketing year were fixed by Regulations (EEC) No cif Rotterdam ; whereas the Commission should take 1776/81 (3) and (EEC) No 1777/81 (4) ; whereas Article account only of the loading, transport and insurance 29 of Regulation No 136/66/EEC provides that the costs which to its knowledge are the lowest ; whereas, world market price, calculated for a Community fron­ finally, offers and quotations for delivery cif tier crossing point, is to be determined on the basis of Rotterdam should be increased by 0-242 ECU ; 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 provides that the world market price should be deter­ Whereas Article 4 of Council Regulation No 115/ mined for seed of the standard quality for which the 67/EEC of 6 June 1967 laying down criteria for deter­ target price has been fixed, delivered in bulk ;

(>) OJ No 172, 30 . 9. 1966, p. 3025/66. (5) OJ No 111 , 10 . 6. 1967, p. 2196/67. I2) OJ No L 360, 31 . 12. 1980, p. 16. b) OJ No L 176, 1 . 7. 1981 , p. 5. (3) OJ No L 176, 1 . 7. 1981 , p. 1 . (7) OJ No 136, 30. 6. 1967, p. 2919/67. b) OJ No L 176, 1 . 7. 1981 , p. 3. (8) OJ No L 171 , 4. 7. 1980, p. 12.

No L 181 /34 Official Journal of the European Communities 2. 7 . 81

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 for which the target price was fixed should be adjusted — the difference between the price of 100 kilograms on the basis of the coefficients of equivalence shown of one or more other seeds, plus processing costs, in the Annex to that Regulation ; whereas, in the case and the total of the prices of the quantities of oil of offers on the world market for qualities of colza and oil cake resulting from the processing of these and rape seed other than those listed in that Annex, seeds ; coefficients of equivalence derived from those listed in that Annex may, pursuant to Article 4 of Regula­ tion No 225/67/EEC, be applied ; whereas, when Whereas the factors to be taken into consideration for derived coefficients are being calculated, account must the purpose of determining that margin are defined in be taken of the differences between prices for the qual­ Article 8 of Regulation No 225/67/EEC ; whereas no ities of seed in question and prices for the qualities adjustment should be made where the margin is listed in that Annex, and of the characteristics of these found to be less than 0-604 ECU ; whereas Article 6 various seeds : (2) of Regulation No 115/67/EEC provides 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 Whereas Article 2 of Regulation No 115/67/EEC Community traders and on the disposal of the various provides that, where no offer or quotation can be used types of seed on the world market ; as a basis for determining the world market price, that price should be determined on the basis of the value of the average quantities of oil and oil cake resulting Whereas Council Regulation (EEC) No 2114/71 of 28 from the processing of 100 kilograms of seed within September 1971 on the subsidy for oil seeds (1), as the Community less an amount corresponding to the amended by Regulation (EEC) No 851 /78 (2), laid cost of processing these seeds into oil and oil cake ; down rules for granting the subsidy on oil seeds ; whereas the quantities and costs to be taken into whereas, under that Regulation, where the subsidy to consideration for the purposes of the calculation are be granted is fixed in advance, the amount of such fixed in Article 5 of Regulation No 225/67/EEC ; subsidy must be equal to the amount applicable on whereas the value of those quantities should be deter­ the day on which the application for advance fixing mined in accordance with Article 6 of that Regula­ was lodged, adjusted by the difference between the tion ; target price valid on that day and the target price valid 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 as a basis for determining the world market price and for oil seeds (3), as last amended by Regulation (EEC) where it is, moreover, impossible to establish the value No 1202/81 (4), provides that such adjustment should 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 of the most recent known value for oil or oil cake, lodged by the difference between the target price valid during the month during which the seeds were placed adjusted to take account of the trend of world prices for competing products by applying to that value the under control at an oil mill and the target price valid rules set out in Article 2 of Regulation No 115/ on the day on which the application was lodged ; 67/EEC ; whereas Article 7 of Regulation No 225/ 67/EEC defines competing products as those oils or oil cakes, as the case may be, which appear to have Whereas the conditions for the sale of Community been offered in the largest quantities on the world seeds and the situation of forward offers and prices on market during the period under consideration ; the world market make it necessary to extend the period of validity of the AP part of the certificate until the end of the sixth month following that during which the application was logdged ; Whereas, pursuant to Article 6 ( 1 ) of Regulation No (!) OJ No L 222, 2. 10 . 1971 , p. 2. 115/67/EEC, the price adopted for colza, rape and (2) OJ No L 116, 28 . 4. 1978 , p. 4. sunflower seeds must also be adjusted by an amount (3) OJ No L 133, 10 . 6. 1972, p. 1 . not exceeding the difference between : (4 OJ No L 122, 6. 5. 1981 , p . 19.

2. 7 . 81 Official Journal of the European Communities No L 181 /35

Whereas Article 38 of Regulation (EEC) No 1204/72 a band of 2-25 % , a rate of exchange based on provides that the corrective amount must be equal to their effective parity, the difference between the world market price for — for other currencies, an exchange rate based on the colza, rape and sunflower seeds and the forward price arithmetic mean of the spot market rates of each for those seeds valid for a shipment effected during of these currencies recorded for a given period in the month in which the seeds were placed under relation to the Community currencies referred to control at an oil mill, those prices being determined in the previous indent ; in accordance with Articles 1 , 4 and 5 of Regulation No 115/67/EEC ; whereas, if no offer and no price Whereas it follows from applying these provisions to can be used for such determination, the method of the offers and quotations known to the Commission calculation provided for in Article 38 of Regulation that the subsidy on colza, rape and sunflower seeds (EEC) No 1204/72 should be used ; whereas the above­ should be as set out in the Annex hereto, mentioned difference may be adjusted pursuant to Article 39 of Regulation (EEC) No 1204/72, account being taken of prices for soya seeds on the world HAS ADOPTED THIS REGULATION : market ; Whereas the subsidy should be fixed whenever the Article 1 market situation makes it necessary and in such a way as to ensure its being applied at least once a week ; The amount of the subsidy referred to in Article 27 of whereas the subsidy may be altered whenever it Regulation No 136/66/EEC shall be as set out in the becomes obvious that such alteration is necessary ; Annex hereto . Whereas, if the subsidy system is to operate normally, subsidies should be calculated on the following basis : Article 2 — in the case of currencies which are maintained in relation to each other at any given moment within This Regulation shall enter into force on 2 July 1981 .

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

Done at Brussels, 1 July 1981 .

For the Commission

The President

Gaston THORN

No L 181 / 36 Official Journal of the European Communities 2. 7 . 81

ANNEX

to the Commission Regulation of 1 July 1981 fixing the amount of the subsidy on oil seeds

(ECU / 100 kg) CCT heading Description Subsidy No

ex 12.01 Colza and rape seed 20-262 ex 12.01 Sunflower seed 15-807

(ECU / 100 kg) Subsidy in the case of advance CCT fixing for the month of heading Description No October November December July August September 1981 1981 1981 1981 1981 1981

ex 12.01 Colza and rape seed 17-331 17-331 17-407 17-859 17-326 17-778 ex 12.01 Sunflower seed 15-807 15-431 17-880 17-129 17-664 —