31985R1121

No L 118 /32 1 . 5 . 85 Official Journal of the European Communities

COMMISSION REGULATION (EEC) No 1121/85 of 30 April 1985 fixing the amount of the subsidy on oil seeds

THE COMMISSION OF THE EUROPEAN adjusted where necessary to take account of quotations COMMUNITIES, for competing products ;

Having regard to the Treaty establishing the European Economic Community, Whereas, in the absence of the target price for the 1985/86 marketing year for colza, rape and sunflower seed and in the absence of the amount of the monthly Having regard to Council Regulation No 136/66/EEC increase for September and October 1985 for colza of 22 September 1966 on the establishment of a and rape seed, the amount of the subsidy in the case of common organization of the market in oils and fats ('), advance fixing for July, August, September and as last amended by Regulation (EEC) No 683/85 (2), October 1985 for colza and rape seed and August and and in particular Article 27 (4) thereof, September 1985 for sunflower seed has been obtainable only provisionally on the basis of the target Having regard to Council Regulation (EEC) No price and the monthly increase proposed by the 1223/83 of 20 May 1983 on the exchange rates to be Commission to the Council for the marketing year applied in agriculture (3), as last amended by Regula­ 1985/86 ; whereas this amount may, therefore, be tion (EEC) No 855/84 (4), applied on a temporary basis and should be confirmed or replaced when the indicative price of the 1985/86 marketing year is known ; Having regard to Council Regulation (EEC) No 1569/72 of 20 July 1972 laying down special measures for colza, rape and sunflower seed (*), as last amended Whereas Article 4 of Council Regulation No 115/ by Regulation (EEC) No 1474/84 (6), and in particular 67/EEC of 6 June 1967 laying down criteria for deter­ Article 2 (3) thereof, mining world market prices for oil seeds and fixing the frontier crossing point (9), as last amended by Having regard to the opinion of the Monetary Regulation (EEC) No 1983/82 (10), fixed the said cros­ Committee, sing point at Rotterdam ; whereas Article 1 of that Regulation provides that when the world market price Whereas Article 27 of Regulation No 136/66/EEC is being determined account should be taken of all offers on the world market known to the Commission provides that a subsidy should be granted in respect of oil seeds harvested and processed within the Commu­ and of quotations on those exchanges which are signi­ ficant for international trade ; whereas Article 2 of nity when the target price for a species of seed is higher than the price on the world market ; whereas Commission Regulation No 225/67/EEC of 28 June these provisions at present apply only in respect of 1967 on detailed rules for determining the world colza, rape and sunflower seeds ; market price for oil seeds ("), as last amended by Regulation (EEC) No 2940/84 (12), provides that offers and quotations which do not relate to shipments to be Whereas the subsidy on oil seeds should, theoretically, effected within 30 days following the date on which be equal to the difference between those two prices ; the world market price is determined should be disre­ garded ; whereas offers and quotations which the Whereas the target price and the monthly increases in Commission believes, in view of general price move­ the target price for oil seeds for the 1984/85 marketing ments or information available to it, not to be repre­ year were fixed by Regulations (EEC) No 1 102/84 O sentative of the real trend of the market must also be and (EEC) No 1 103/84 (8) ; whereas Article 29 of Regu­ disregarded ; whereas offers and quotations relating to lation No 136/66/EEC provides that the world market quantities of less than 500 tonnes and offers relating to price, calculated for a Community frontier crossing seed of a quality other than that normally acceptable point, is to be determined on the basis of the most on the world market must also be disregarded ; favourable purchasing opportunities, quotations being

Whereas Article 3 of Regulation No 225/67/EEC (') OJ No 172, 30. 9 . 1966, p. 3025/66. (j OJ No L 75, 16. 3. 1985, p. 7. provides that of the offers and quotations taken into (3) OJ No L 132, 21 . 5.. 1983 , p. 33 . (4) OJ No L 90, 1 . 4. 1984, p. 1 . (j OJ No L 167, 25. 7. 1972, p. 9. O OJ No 111 , 10 . 6. 1967, p. 2196/67. (j OJ No L 143, 30. 5. 1984, p. 4. (10) OJ No L 215, 23. 7. 1982, p. 6. 0 OJ No L 113, 28 . 4. 1984, p. 8 . (") OJ No 136, 30 . 6. 1967, p. 2919/67. m OT No L 113 . 28 . 4. 1984. D . 10 . (12) OT No L 277, 20. 10. 1984, p. 7.

1 . 5. 85 No L 118 /33 Official Journal of the European Communities

consideration, those for delivery c and f should be as a basis for determining the world market price and increased by 0,2 % ; whereas offers and quotations for where it is, moreover, impossible to establish the value delivery fas, fob or otherwise should be increased, ' as of the oil Or oil cake processed from such seed, the appropriate, by loading, transport and insurance costs world market price should be determined on the basis from the point of shipment or loading to the frontier of the most recent known value for oil or oil cake, crossing point ; whereas cif offers and quotations for adjusted to take account of the trend of world prices frontier crossing points other than Rotterdam should for competing products by applying to that value the be adjusted to allow for the difference in transport and rules set out in Article 2 of Regulation No 115/ insurance costs as compared with a product delivered 67/EEC ; whereas Article 7 of Regulation No 225/ 1 cif Rotterdam ; whereas the Commission should take 67/EEC defines competing products as those oils or account only of the loading, transport and insurance oil cakes, as the case may be, which appear to have costs which to its knowledge are the lowest ; whereas, been offered in the largest quantities on the world­ finally, offers and quotations for delivery cif Rotterdam market during the period under consideration ; should be increased by 0,242 ECU ;

Whereas, under Article 6 of Regulation No 115/ Whereas Article 5 of Regulation No 115/67/EEC 67/EEC, the price determined for colza, rape and provides that the world market price should be deter­ sunflower seeds must also be adjusted by an amount mined for seed of the standard quality for which the not exceeding the margin, as calculated in accordance target price has been fixed, delivered in bulk ; with that Article, where that margin may affect the normal disposal of seeds harvested in the Community ;

Whereas Article 3 of Regulation No 225/67/EEC provides that offers and quotations relating to products presented otherwise than in bulk should be adjusted Whereas the factors to be taken into consideration for by deducting the additional value resulting from that the purpose of determining that margin are defined in presentation ; whereas offers and quotations relating to Article 8 of Regulation No 225/67/EEC ; whereas no a quality other than the standard quality for which the adjustment should be made where the margin is found target price was fixed should be adjusted on the basis to be less than 0,604 ECU ; of the coefficients of equivalence shown in the Annex to that Regulation ; whereas, in the case of offers on the world market for qualities of colza and rape seed other than those listed in that Annex, coefficients of Whereas Council Regulation (EEC) No 1594/83 of 14 June 1983 on the subsidy for oil seeds (') laid down equivalence derived from those listed in that Annex may, pursuant to Article 4 of Regulation No 225/ rules for granting the subsidy on oil seeds ; whereas, under that Regulation, where the subsidy to be granted 67/EEC, be applied ; whereas, when derived coef­ is fixed in advance, the amount of such subsidy must ficients are being calculated, account must be taken of be equal to the amount applicable on the day on the differences between prices for the qualities of seed which the application for advance fixing was lodged, in question and prices for the qualities listed in that Annex, and of the characteristics of these various adjusted by the difference between the target price valid on that day and the target price valid on the day seeds ; on which the seeds are placed under control at an oil or feed mill and, where appropriate, a corrective amount ; whereas Article 35 of Commission Regula­ Whereas Article 2 of Regulation No 115/67/EEC tion (EEC) No 2681 /83 of 21 September 1983 laying provides that, where no offer or quotation can be used down detailed rules for the application of the subsidy as a basis for determining the world market price, that system for oil seeds (2), as last amended by Regulation price should be determined on the .basis of the value (EEC) No 1062/85 (3), provides that such adjustment of the average quantities of oil and oil cake resulting should involve increasing or reducing the amount of from the processing of 100 kilograms of seed within subsidy applicable on the day on which the applica­ the Community less an amount corresponding to the tion was lodged by the corrective amount and the cost of processing these seeds into oil and oil cake ; difference between the target prices mentioned in whereas the quantities and costs to be taken into Article 35 of Regulation (EEC) No 2681 /83 ; consideration for the purposes of the calculation are fixed in Article 5 of Regulation No 225/67/EEC ; whereas the value of those quantities should be deter­ mined in accordance with Article 6 of that Regula­ Whereas Article 37 of Regulation (EEC) No 2681 /83 tion : provides that the corrective amount must be equal to

(') OJ No L 163, 22. 6. 1983, p. 44. Whereas Article 3 of Regulation No 115/67/EEC (2) OJ No L 266, 28, 9 . 1983, p. 1 . provides that, where no offer or quotation can be used (3 OJ No L 113, 26. 4. 1985, p. 12.

No L 118 /34 Official Journal of the European Communities 1 . 5. 85

the difference between the world market price for marketing years 1984/85 to 1986/87 will be calculated colza, rape and sunflower seeds and the forward price by a method which takes into account a coefficient for those seeds valid for a shipment effected during applied to the conversion rate resulting from the the month in which the seeds were placed under central rate ; whereas the said Article 2a fixed the coef­ control at an oil mill, those prices being determined in ficient for the beginning of the 1984/85 marketing accordance with Articles 1 , 4 and 5 of Regulation No year ; whereas account should be taken thereof in 115/67/EEC ; whereas, if no offer and no price can be respect of colza and rape seed with effect from 1 July used for such determination, the method of calculation 1984 and for sunflower seed with effect from 1 August provided for in Article 37 of Regulation (EEC) No 1984 : 2681 /83 should be used ; whereas the abovementioned difference may be adjusted in accordance with Article 38 of Regulation (EEC) No 2681 /83, account being Whereas pursuant to Article 2 (2) of Regulation (EEC) taken of the prices of the main competing cereals ; No 1569/72 forward differential amounts are to be determined where the forward exchange rate for one or more currencies differs from the spot rate by at least Whereas Article 33 of Regulation (EEC) No 2681 /83 a given percentage ; whereas this percentage has been provides for the publication of the amount of the final fixed at 0,5 by Regulation (EEC) No 1813/84 ; subsidy obtained from the conversion into each of the national currencies of the amount in ECU resulting from the calculation referred to above plus or minus Whereas where, for one or more months, forward the differential amount ; whereas Article 1 of Regula­ exchange rates are not available, the rate adopted for tion (EEC) No 1813/84 (') defined the elements which the previous month or the following month, as the determine the differential amounts ; whereas these case may be, is to be used ; elements are equal to the incidence on the target price or the subsidy of the coefficient derived from the percentage referred to in Article 2 ( 1 ) of Regulation (EEC) No 1 569/72 ; whereas, according to these provi­ Whereas, for the period 17 to 23 April 1985 for certain sions, this percentage represents : currencies :

(a) for those Member States whose currencies are — for the current month, the difference referred to in maintained as between themselves within a spread Article 2 (1 ) of Regulation (EEC) No 1569/72 at any given moment of 2,25 % , the difference differs by more than one point from the percen­ between : tage adopted for the previous fixing,

— the conversion rate used under the common — for certain following months the difference agricultural policy, and referred to in Article 2 (2) of Regulation (EEC) No 1569 /72 exceeds 0,5 % ; whereas this difference in — the conversion rate resulting from the central the case of certain forward differential amounts rate, differs by more than one point from the percen­ tage adopted for the previous fixing ; (b) for Italy, the United Kingdom and Greece, the difference between : Whereas the subsidy should be fixed whenever the — the relationship between the conversion rate market situation makes it necessary and in such a way used under the common agricultural policy for as to ensure its being applied at least once a week ; the currency of the Member State concerned whereas the subsidy may be altered whenever it and the central rate of each of the currencies of becomes obvious that such alteration is necessary ; the Member States referred to in (a), and

— the spot market rate for the currency of the Member State in question in relation to each of Whereas it follows from applying these provisions to the currencies of the Member States referred to the offers and quotations known to the Commission that, pursuant to Article 33 of Regulation (EEC) No in (a), as recorded over a period to be deter­ mined ; 2681 /83 the amount of the subsidy in ECU and the amount of the subsidy in each of the national curren­ cies must be fixed in accordance with the Annex to this Regulation ; whereas, pursuant to the same Article, Whereas, however, pursuant to Article 2a of Regula­ the spot and forward exchange rates for the ECU in tion (EEC) No 1569/72, the monetary disparity for the national currencies determined in accordance with Article 4 of Regulation (EEC) No 1813/84 must also (') OJ No L 170, 29. 6 . 1984, p. 41 . be published,

1 . 5 . 85 Official Journal of the European Communities No L 118/35

HAS ADOPTED THIS REGULATION : for sunflower seed will, however, be confirmed or replaced as from 1 May 1985 to take into account the Article 1 indicative price which is fixed for these products for the 1985/86 marketing year, and the amount of the 1 . The amounts of the subsidy and the exchange monthly increase for September and October 1985 for rates referred to in Article 33 (2) and (3) of Regulation colza and rape seed. (EEC) No 2681 /83 shall be as set out in the Annex hereto . Article 2 2. The amount of the subsidy in the case of advance fixing for July, August, September and October 1985 This Regulation shall enter into force on 1 May 1985.

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

Done at Brussels, 30 April 1985. For the Commission Frans ANDRIESSEN Vice-President

No L 118/36 Official Journal of the European Communities 1 . 5 . 85

ANNEX I Aids to colza and rape seed (amounts per 100 kilograms) Current 1st month 2nd month 3rd month 4th month 5th month month \

1 . Gross aids (ECU) 9,459 9,459 3,090 (') * 5,090 (') 5,610 (') 6,390 (') 2. Final aids \\ Seeds harvested and processed in : l

— Federal Republic of Germany (DM) 25,41 25,41 10,29 (') 15,18 (') 16,42 (') 19,03 (') — Netherlands (Fl) 28,63 28,63 11,56 (■)" 17,05 (') 18,45 (') 21,30 (') — BLEU (Bfrs/Lfrs) 439,01 439,01 143,41 (') 234,65 (') 258,79 (') 283,21 (') — France (FF) 55,02 55,02 10,51 (') 23,62 (') 27,19 (') 32,63 (') — Denmark (Dkr) 79,60 79,60 26,00 (•) 42,83 (') 47,21 (•) 52,94 (■) — Ireland (£ Irl) 7,095 7,095 2,311 (') 3,739 (') 4,129 (') 4,183 (') — United Kingdom (£) 6,134 6,134 2,197 (') 3,421 (>) 3,743 (') 3,952 (') — Italy (Lit) 11 277 11 273 1 803 (') 4 496 (') 5 241 (') 5 451 (') — Greece (Dr) 425,71 425,71 0,00 (') 45,39 (>) 92,46 (!) 165,74 (')

(') On the basis of the Commission's proposal concerning the indicative price and subject to confirmation by the Council's decision.

ANNEX II Aids to sunflower seed (amounts per 100 kilograms) Current 1st month 2nd month 3rd month 4th month month I

1 . Gross aids (ECU) 16,590 16,590 16,590 14,898 (') 14,898 (') 2. Final aids Seeds harvested and processed in : — Federal Republic of Germany (DM) 42,65 42,65 , 42,69 38,72 (') 38,72 (') — Netherlands (Fl) 48,05 48,05 48,05 43,57 (') 43,57 (') — BLEU (Bfrs/Lfrs) 769,97 769,97 769,97 689,78 (') 689,78 (') — France (FF) 103,20 103,20 102,52 90,43 (') 90,43 (') — Denmark (Dkr) 139,60 139,60 139,60 125,37 (') 125,37 (') — Ireland (£ Irl) 12,444 12,444 12,437 11,092 (') 11,092 (') — United Kingdom (£) 10,568 10,568 10,568 9,502 (') 9,502 (') — Italy (Lit) 21 307 21 302 20 960 18 405 (') 18 405 (') — Greece (Dr) 1 036,80 1 036,80 1 036,80 913,05 (') 913,05 (')

(') On the basis of the Commission s proposal concerning the indicative price and subject to confirmation by the Council's decision.

ANNEX III Exchange rate of the ECU to be used for converting final aids into the currency of the processing country when the latter is a country other than the country of production (value of 1 ECU) Current 1st month 2nd month 3rd month 4th month 5th month month

DM 2,236970 2,230510 2,224350 2,218730 2,218730 2,202400 Fl 2,532710 2,527940 2,522980 2,518420 2,518420 2,503880 Bfrs/ Lfrs 45,105200 45,126900 45,150600 45,172700 45,172700 45,240300 FF 6,830320 6,837150 6,844920 6,853550 6,853550 6,881760 Dkr 8,055230 8,058910 8,062060 8,065120 8,065120 8,073720 £ Irl 0,715026 0,717268 0,719479 0,721250 0,721250 0,726465 £ 0,579967 0,581718 0,583243 0,584449 0,584449 0,587287 Lit 1 431,10 1 436,71 1 442,45 1 447,94 1 447,94 1 466,66 Dr 97,666100 97,659100 97,659800 97,667100 97,667100 97,727900