31982R2120

No L 223 /50 Official Journal of the European Communities 31 . 7 . 82

COMMISSION REGULATION (EEC) No 2120/82

of 30 July 1982

fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN offers on the world market known to the Commission COMMUNITIES, and of quotations on those exchanges which are signi­ ficant for international trade ; whereas Article 2 of Commission Regulation No 225/67/ EEC of 28 June Having regard to the Treaty establishing the European 1967 on detailed rliles for determining the world Economic Community, market price for oil seeds Q, as last amended by Regu­ lation (EEC) No 1725/82 (8), provides that offers and Having regard to Council Regulation No 136/66/EEC quotations which do not relate to shipments to be of 22 September 1966 on the establishment of a effected within 30 days following the date on which common organization of the market in oils and fats (!), the world market price is determined should be disre­ as last amended by Regulation (EEC) No 1413/82 (2), garded ; whereas offers and quotations which the and in particular Article 27 (4) thereof, Commission believes, in view of general price move­ ments or information available to it, not to be repre­ sentative of the real trend of the market must also be Having regard to the opinion of the Monetary disregarded ; whereas offers and quotations relating to Committee, quantities of less than 500 tonnes and offers relating to seed of a quality other than that normally acceptable Whereas Article 27 of Regulation No 136/66/EEC 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 Whereas Article 3 of Regulation No 225/67/EEC nity when the target price for a species of seed is higher than the price on the world market ; whereas provides that of the offers and quotations taken into these provisions at present apply only in respect of consideration, those for delivery c and f should be colza, rape and sunflower seeds ; increased by 0-2 % ; whereas offers and quotations for delivery fas, fob or otherwise should be increased, as appropriate, by loading, transport and insurance costs Whereas the subsidy on oil seeds should, theoretically, from the point of shipment or loading to the frontier be equal to the difference between those two prices ; 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 1982/83 marketing cif Rotterdam ; whereas the Commission should take year were fixed by Regulations (EEC) No 141 8 /82 (3) account only of the loading, transport and insurance and (EEC) No 1419/82 (4) ; whereas Article 29 of Regu­ costs which to its knowledge are the lowest ; whereas, lation No 136/66/EEC provides that the world market finally, offers and quotations for delivery cif Rotterdam price, calculated for a Community frontier crossing should be increased by 0-242 ECU ; point, is to be determined on the basis of the most favourable purchasing opportunities, quotations being adjusted where necessary to take account of quotations Whereas Article 5 of Regulation No 115/67/EEC for competing products ; provides that the world market price should be deter­ mined for seed of the standard quality for which the Whereas Article 4 of Council Regulation No 115/ target price has been fixed, delivered in bulk ; 67/ EEC of 6 June 1967 laying down criteria for deter­ mining world market prices for oil seeds and fixing the frontier crossing point (5), as last amended by Whereas Article 3 of Regulation No 225/67/ EEC Regulation (EEC) No 1983 /82 (6), fixed the said cros­ provides that offers and quotations relating to products sing point at Rotterdam ; whereas Article 1 of that presented otherwise than in bulk should be adjusted Regulation provides that when the world market price by deducting the additional value resulting from that is being determined account should be taken of all presentation ; whereas offers and quotations relating to a quality other than the standard quality for which the (') OJ No 172, 30 . 9 . 1966, p . 3025/66 . target price was fixed should be adjusted on the basis (2) OJ No L 162, 12. 6 . 1982, p . 6 . of the coefficients of equivalence shown in the Annex ( 5) OJ No L 162, 12 . 6 . 1982, p. 14. (4) OJ No L 162, 12. 6. 1982, p. 15. 0 OJ No 111 , 10 . 6 . 1967, p . 2196/67 . 0 OJ No 136, 30 . 6 . 1967, p . 2919/67. (<) OJ No L 215, 23 . 7. 1982, p. 6. («) OJ No L 189, 1 . 7 . 1982, p . 62.

31 . 7 . 82 Official Journal of the European Communities No L 223/51

to that Regulation ; whereas, in the case of offers on and oil cake resulting from the processing of these the world market for qualities of colza and rape seed seeds ; other than those listed in that Annex, coefficients of Whereas the factors to be taken into consideration for equivalence derived from those listed in that Annex the purpose of determining that margin are defined in may, pursuant to Article 4 of Regulation No 225/ Article 8 of Regulation No 225/67/EEC ; whereas no 67/EEC, be applied ; whereas, when derived coef­ adjustment should be made where the margin is found ficients are being calculated, account must be taken of to be less than 0-604 ECU ; whereas Article 6 (2) of the differences between prices for the qualities of seed in question and prices for the qualities listed in that Regulation No 115/67/EEC provides that, when the amount of the adjustment is being determined, Annex, and of the characteristics of these various account should be taken of the incidence of the seeds ; 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 Whereas Council Regulation (EEC) No 2114/71 of 28 price should be determined on the basis of the value September 1971 on the subsidy for oil seeds ('), as of the average quantities of oil and oil cake resulting amended by Regulation (EEC) No 851 /78 (2), laid from the processing of 100 kilograms of seed within down rules for granting the subsidy on oil seeds ; the Community less an amount corresponding to the whereas, under that Regulation, where the subsidy to cost of processing these seeds into oil and oil cake ; be granted is fixed in advance, the amount of such whereas the quantities and costs to be taken into subsidy must be equal to the amount applicable on the consideration for the purposes of the calculation are day on which the application for advance fixing was fixed in Article 5 of Regulation No 225/67/EEC ; lodged, adjusted by the difference between the target whereas the value of those quantities should be deter­ price valid on that day and the target price valid on mined in accordance with Article 6 of that Regula­ tion ; the day on which the seeds are placed under control at an oil mill and, where appropriate, a corrective Whereas Article 3 of Regulation No 115/67/EEC amount ; whereas Article 36 of Commission Regula­ provides that, where no offer or quotation can be used tion (EEC) No 1204/72 of 7 June 1972 laying down as a basis for determining the world market price and detailed rules for the application of the subsidy system where it is, moreover, impossible to establish the value for oil seeds (3), as last amended by Regulation (EEC) of the oil or oil cake processed from such seed, the No 2064/82 (4), provides that such adjustment should world market price should be determined on the basis involve increasing or reducing the amount of subsidy of the most recent known value for oil or oil cake, applicable on the day on which the application was adjusted to take account of the trend of world prices lodged by the difference between the target price valid for competing products by applying to that value the during the month during which the seeds were placed rules set out in Article 2 of Regulation No 115/ under control at an oil mill and the target price valid 67/ EEC ; whereas Article 7 of Regulation No 225/ on the day on which the application was lodged ; 67/EEC defines competing products as those oils or Whereas the conditions for the sale of Community oil cakes, as the case may be, which appear to have seeds and the situation of forward offers and prices on been offered in the largest quantities on the world the world market make it necessary to extend the market during the period under consideration ; period of validity of the AP part of the certificate until Whereas, in accordance with Article 5 (a) of Regula­ the end of the sixth month following that during tion No 115/67/ EEC, when the world market price for which the application was lodged ; colza or rape seed is determined, the price adopted is Whereas Article 38 of Regulation (EEC) No 1204/72 to be adjusted by an amount not exceeding the diffe­ provides that the corrective amount must be equal to rence between the price of 100 kilograms of colza or the difference between the world market price for rape seed plus processing costs and the total price of colza, rape and sunflower seeds and the forward price the quantities of oil and oil cake given by processing for those seeds valid for a shipment effected during those seeds ; whereas, pursuant to Article 6 ( 1 ) of the the month in which the seeds were placed under same Regulation, the price adopted for colza, rape and control at an oil mill, those prices being determined in sunflower seeds must also be adjusted by an amount accordance with Articles 1 , 4 and 5 of Regulation No not exceeding the difference between : 115/67/EEC ; whereas, however, in respect of colza and rape seed, the price determined pursuant to — the difference between the price of 100 kilograms Article 38 (2) (a) is to be adjusted in accordance with of colza, rape or sunflower seeds, plus processing Article 5 (a) of Regulation No 115/67/EEC ; whereas, costs, and the total of the prices of the quantities of if no offer and no price can be used for such determi­ oil and oil cake resulting from the processing of the type of seed in question, and (') OJ No L 222, 2. 10 . 1971 , p. 2. — the difference between the price of 100 kilograms (2) OJ No L 116, 28 . 4. 1978 , p . 4. of one or more other seeds, plus processing costs, (3) OJ No L 133, 10 . 6 . 1972, p. 1 . and the total of the prices of the quantities of oil (4) OJ No L 220, 29 . 7. 1982, p. 18 .

No L 223/52 Official Journal of the European Communities 31 . 7 . 82

nation, the method of calculation provided for in relation to the Community currencies referred to Article 38 of Regulation (EEC) No 1204/72 should be in the previous indent ; used ; whereas the abovementioned difference may be adjusted pursuant to Article 39 of Regulation (EEC) Whereas it follows from applying these provisions to No 1204/72, account being taken of prices for soya the offers and quotations known to the Commission seeds on the world market ; that the subsidy on colza, rape and sunflower seeds should be as set out in the Annex hereto, 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, 1 . The amount of the subsidy referred to in Article subsidies should be calculated on the following basis : 27 of Regulation No 136/66/EEC shall be as set out in — in the case of currencies which are maintained in the Annex hereto . relation to each other at any given moment within a band of 2-25 % , a rate of exchange based on the central rate , Article 2 — for other currencies, an exchange rate based on the arithmetic mean of the spot market rates of each of This Regulation shall enter into force on 1 August these currencies recorded for a given period in 1982 .

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

Done at Brussels, 30 July 1982.

For the Commission

Poul DALSAGER

Member of the Commission

31 . 7 . 82 Official Journal of the European Communities No L 223/53

ANNEX

to the Commission Regulation of 30 July 1982 fixing the amount of the subsidy on oil seeds

(ECU/ 100 kg)

CCT heading Description Subsidy No

ex 12.01 Colza and rape seed 22-720

ex 12.01 Sunflower seed 25-841

(ECU / 100 kg)

Subsidy in the case of advance CCT fixing for the month of heading Description No October November December August September January 1982 1982 1982 1982 1982 1983

ex 12.01 Colza and rape seed 22-720 23-213 23-847 24-545 24-504 24-997

ex 12.01 Sunflower seed 25-841 25-791 27-041 27-748 28-269 —