31981R1888

No L 187/ 36 Official Journal of the European Communities 9 . 7. 81

COMMISSION REGULATION ( EEC) No 1888/81 of 8 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. 2 OJ No L 360, 31 . 12. 1980, p. 16 . (') 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. (4) OJ No L 176, 1 . 7. 1981 , p. 3. («) OJ No L 171 , 4. 7. 1980, p . 12.

9 . 7 . 81 Official Journal of the European Communities No L 187/37

Whereas Article 3 of Regulation No 225/67/EEC those seeds ; whereas, pursuant to Article 6 ( 1 ) of the provides that offers and quotations relating to same Regulation, the price adopted for colza, rape and products presented otherwise than in bulk should be sunflower seeds must also be adjusted by an amount adjusted by deducting the additional value resulting not exceeding the difference between : from that presentation ; whereas offers and quotations — the difference between the price of 100 kilograms relating to a quality other than the standard quality of colza, rape or sunflower seeds, plus processing for which the target price was fixed should be adjusted costs, and the total of the prices of the quantities on the basis of the coefficients of equivalence shown of oil and oil cake resulting from the processing of in the Annex to that Regulation ; whereas, in the case the type of seed in question, and of offers on the world market for qualities of colza and rape seed other than those listed in that Annex, — the difference between the price of 100 kilograms coefficients of equivalence derived from those listed of one or more other seeds, plus processing costs, in that Annex may, pursuant to Article 4 of Regula­ and the total of the prices of the quantities of oil tion No 225/67/EEC, be applied ; whereas, when and oil cake resulting from the processing of these derived coefficients are being calculated, account must seeds ; be taken of the differences between prices for the qual­ Whereas the factors to be taken into consideration for ities of seed in question and prices for the qualities listed in that Annex, and of the characteristics of these the purpose of determining that margin are defined in various seeds ; Article 8 of Regulation No 225/67/EEC ; whereas no adjustment should be made where the margin is found to be less than 0-604 ECU ; whereas Article 6 (2) of Regulation No 115/67/EEC provides that, when Whereas Article 2 of Regulation No 115/67/EEC the amount of the adjustment is being determined, provides that, where no offer or quotation can be used account should be taken of the incidence of the as a basis for determining the world market price, that margin in question on marketing operations of price should be determined on the basis of the value Community traders and on the disposal of the various of the average quantities of oil and oil cake resulting types of seed on the world market ; from the processing of 100 kilograms of seed within the Community less an amount corresponding to the Whereas Council Regulation (EEC) No 2114/71 of 28 cost of processing these seeds into oil and oil cake ; September 1971 on the subsidy for oil seeds (*), as whereas the quantities and costs to be taken into amended by Regulation (EEC) No 851 /78 (2), laid consideration for the purposes of the calculation are down rules for granting the subsidy on oil seeds ; fixed in Article 5 of Regulation No 225/67/EEC ; whereas, under that Regulation, where the subsidy to whereas the value of those quantities should be deter­ be granted is fixed in advance, the amount of such mined in accordance with Article 6 of that Regula­ subsidy must be equal to the amount applicable on tion : the day on which the application for advance fixing was lodged, adjusted by the difference between the target price valid on that day and the target price valid Whereas Article 3 of Regulation No 115/67/EEC on the day on which the seeds are placed under provides that, where no offer or quotation can be used control at an oil mill and, where appropriate, a correc­ as a basis for determining the world market price and tive amount ; whereas Article 36 of Commission Regu­ where it is, moreover, impossible to establish the value lation (EEC) No 1204/72 of 7 June 1972 laying down of the oil or oil cake processed from such seed, the detailed rules for the application of the subsidy system world market price should be determined on the basis for oil seeds (3), as last amended by Regulation (EEC) of the most recent known value for oil or oil cake, No 1202/81 (4), provides that such adjustment should adjusted to take account of the trend of world prices involve increasing or reducing the amount of subsidy for competing products by applying to that value the applicable on the day on which the application was rules set out in Article 2 of Regulation No 115/ lodged by the difference between the target price valid 67/EEC ; whereas Article 7 of Regulation No 225/ during the month during which the seeds were placed 67/EEC defines competing products as those oils or under control at an oil mill and the target price valid oil cakes, as the case may be, which appear to have on the day on which the application was lodged ; been offered in the largest quantities on the world market during the period under consideration ; Whereas the conditions for the sale of Community seeds and the situation of forward offers and prices on the world market make it necessary to extend the period of validity of the AP part of the certificate until Whereas, in accordance with Article 5 (a) of Regula­ tion 115/67/ EEC, when the world market price for the end of the sixth month following that during which the application was lodged ; colza or rape seed is determined, the price adopted is to be adjusted by an amount not exceeding the differ­ (!) OJ No L 222, 2. 10 . 1971 , p. 2. ence between the price of 100 kilograms of colza or (2) OJ No L 116, 28 . 4. 1978 , p . 4. rape seed plus processing costs and the total price of (3) OJ No L 133, 10. 6. 1972, p. 1 . the quantities of oil and oil cake given by processing (4) OJ No L 122, 6. 5 . 1981 , p . 19 .

No L 187/ 38 Official Journal of the European Communities 9 . 7 . 81

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 9 July 1981 .

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

Done at Brussels, 8 July 1981 .

For the Commission

The President

Gaston THORN

9 . 7 . 81 Official Journal of the European Communities No L 187/39

ANNEX

to the Commission Regulation of 8 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 19-567 ex 12.01 Sunflower seed 15-436

(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 16-225 16-225 16-297 16-749 16-206 16-658

ex 12.01 Sunflower seed 15-436 15-436 17-881 16-555 17-090